il-v50i41-89-iii-adm-code-302: 89 III. Adm. Code 302 — Services Delivered by the Department Of Children and Family Services

1) Heading of the Part: Services Delivered by the Department Of Children and Family Services 2) Code Citation: 89 III. Adm. Code 302 3) Section Numbers: Proposed Actions: 302.20 Amendment 302.303 New Section 302.310 Amendment 302.360 Amendment 302.390 Amendment 302.600 New Section 302.610 New Section 302.620 New Section 4) Statutory Authority: Implemented and authorized by the Juvenile Court Act of 1987 [705 ILCS 405]; Adoption Act [750 ILCS 50]; the Adoption Assistance and Child Welfare Act of 1980 of the Social Security Act (42 U.S.C. 673); and the Family First Prevention Services Act (42 U.S.C. 671 and 675). 5) A Complete Description of the Subjects and Issues Involved: The proposed amendments revise the definitions to comport with the updated federal regulations; define the circumstances when an adoptive family may receive an adoption subsidy; clarifies when an adoption subsidy amount can be changed or terminated; provides further direction regarding the appeal process when an adoption subsidy is changed or terminated; and technical revisions to sections regarding mental health and other specialized services to comport with cross-referenced sister agencies' rules. The proposed amendments also establish a rule that consolidates and centralizes the prevention services the Department provides to identified families. This new Subpart establishes a comprehensive framework for Prevention Services mandated by the Family First Prevention Services Act (FFPSA), 42 U.S.C. 671 and 675. These services support families in creating safe, stable, and nurturing environments while promoting the well- being of children, youth, and families. The FFPSA's increasing emphasis on prevention services requires the Department to organize its existing prevention services. This new subpart also establishes clear definitions for prevention services and outlines other requirements the Department must follow to implement the FFPSA with fidelity. 6) Published studies and reports, and sources of underlying data used to compose this rulemaking: None 7) Will this proposed rulemaking replace an emergency rule currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Do these proposed amendments contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objectives: This rulemaking does not create or expand the State mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)]. 12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Comments on this proposed rulemaking may be submitted in writing for a period of 45 days following publication of this notice. Comments should be submitted to: Jeff Osowski Office of Child and Family Policy Department of Children and Family Services 406 E. Monroe St., Station #65-D Springfield, IL 62701 (217) 524-1983 Email: DCFS.Policy@illinois.gov The Department will consider fully all written comments on this proposed rulemaking submitted during the 45-day comment period. Comments submitted by small businesses should be identified as such. 13) Initial Regulatory Flexibility Analysis: A) Description of the type of small business, not for profit corporations or small municipalities subject to the proposed amendments: The Department has determined that this rulemaking will not affect small businesses, not for profit corporations or small municipalities. DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS B) Description of the proposed reporting, bookkeeping and other procedures required for compliance with this rulemaking: Child Welfare Staff will experience slight changes to their current reporting, bookkeeping or other procedures for performing the administrative and fiscal responsibilities for adoption subsidies and preventative services. C) Description of the types of professional skills necessary for compliance: No new professional skills are necessary for compliance. 14) Small Business Economic Impact Analysis: Determine whether the rulemaking has an adverse impact on small business (fewer than 50 full-time employees or less than $4,000,000 in gross annual sales). An adverse impact is one that can be reasonably foreseen on small business expenses. If the proposed amendments have an adverse impact on small business, the agency must provide an economic impact analysis including: A) Type of businesses subject to the proposed amendments: 81 Other Services (except Public Administration) B) Estimated number of small businesses subject to the proposed amendments: The Department has determined that this rulemaking will not affect small businesses. C) Categories that the agency reasonably believes the rulemaking will impact, including: ii regulatory requirements viii. record keeping D) Projected reporting, recordkeeping and other administrative costs for compliance with the proposed amendments: Child Welfare Staff will experience slight changes to their current reporting, bookkeeping or other procedures for performing the administrative and fiscal responsibilities for adoption subsidies and preventative services. E) Type of professional skills necessary for preparation of any report or record required for compliance with the proposed amendments: No new professional skills are necessary for compliance. DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS F) Statement of probable positive or negative economic effect on small business: The Department has determined that this rulemaking will not affect small businesses. G) Description of any less intrusive or costly alternative methods of achieving the purposes of the amendments: The proposed amendments implement updated federal regulations. 15) Regulatory Agenda on which this rulemaking was summarized: July 2025 16) Any other information or justification for the proposed amendments that the agency believes would be helpful to the public regarding the proposed amendments. For example, a discussion or analysis of the benefits of the proposed amendments is projected to have on the Illinois public, consumers, investors or other similar groups. The proposed amendments. The FFPSA's increasing emphasis on prevention services requires the Department to organize its existing prevention services. This new subpart establishes clear definitions for prevention services and outlines other requirements the Department must follow to implement the FFPSA with fidelity. The full text of the Proposed Amendments begins on the next page: DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY PART 302 SERVICES DELIVERED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBPART A: GENERAL PROVISIONS Section 302.10 Purpose 302.20 Definitions 302.30 Introduction 302.40 Department Service Goals 302.50 Functions in Support of Services SUBPART B: REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT (RECODIFIED) Section 302.100 Reporting Child Abuse or Neglect to the Department (Recodified) 302.110 Content of Child Abuse or Neglect Reports (Recodified) 302.120 Transmittal of Child Abuse or Neglect Reports (Recodified) 302.130 Special Types of Reports (Recodified) 302.140 Referrals to the Local Law Enforcement Agency and State's Attorney (Recodified) 302.150 Delegation of the Investigation (Recodified) 302.160 The Investigative Process (Recodified) 302.170 Taking Children Into Temporary Protective Custody (Recodified) 302.180 Notification of the Determination Whether Child Abuse or Neglect Occurred (Recodified) 302.190 Referral for Other Services (Recodified) SUBPART C: DEPARTMENT CHILD WELFARE SERVICES Section 302.300 Adoptive Placement Services (Repealed) 302.303 Definitions 302.305 Adoption Listing Service for Hard-to-Place Children or Children with Disabilities DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS for Whom the Department is Not Legally Responsible 302.310 Adoption Assistance 302.311 Nonrecurring Adoption Expenses (Repealed) 302.315 Adoption Registry (Repealed) 302.320 Counseling or Casework Services 302.330 Day Care Services 302.340 Emergency Caretaker Services 302.350 Family Planning Services 302.360 Health Care Services 302.365 Mental Health Services (Repealed) 302.370 Homemaker Services 302.380 Information and Referral Services 302.390 Behavioral Health Services 302.400 Successor Guardianship (Repealed) 302.405 Subsidized Guardianship Program 302.410 Subsidized Guardianship (KinGAP) SUBPART D: INTENSIVE FAMILY PRESERVATION SERVICES Section 302.500 Purpose 302.510 Implementation of the Family Preservation Act 302.520 Types of Intensive Family Preservation Services 302.530 Phase In Plan for Statewide Family Preservation Services 302.540 Time Frames SUBPART E: PREVENTION SERVICES Section 302.600 Purpose 302.610 Department Prevention Services 302.620 Family First Prevention Services Act Requirements 302.APPENDIX A Acknowledgement of Mandated Reporter Status (Recodified) 302.APPENDIX B Calculating the Amount of Adoption Assistance (Repealed) AUTHORITY: Implementing and authorized by the Children and Family Services Act [20 ILCS 505]; Section 3-6-2(g) of the Unified Code of Corrections [730 ILCS 5/3-6-2(g)]; the Illinois Alcoholism and Dangerous Drug Dependency Act [20 ILCS 305]; the Adoption Assistance and Child Welfare Act of 1980 (42 U.S.C. 670 et seq.); 45 CFR 1356.40 and 1356.41; the Juvenile Court Act of 1987 [705 ILCS 405]; and the Adoption Act [750 ILCS 50]. SOURCE: Adopted and codified at 5 Ill. Reg. 13188, effective November 30, 1981; amended at 6 Ill. Reg. 15529, effective January 1, 1983; recodified at 8 Ill. Reg. 992; peremptory amendment at 8 Ill. Reg. 5373, effective April 12, 1984; amended at 8 Ill. Reg. 12143, effective July 9, 1984; amended at 9 Ill. Reg. 2467, effective March 1, 1985; amended at 9 Ill. Reg. 9104, effective June 14, 1985; amended at 9 Ill. Reg. 15820, effective November 1, 1985; amended at 10 Ill. Reg. 5557, effective April 15, 1986; amended at 11 Ill. Reg. 1390, effective January 13, 1987; amended at 11 Ill. Reg. 1551, effective January 14, 1987; amended at 11 Ill. Reg. 1829, effective January 15, 1987; recodified to 89 Ill. Adm. Code 300 at 11 Ill. Reg. 3492, Sections 302.20, 302.100, 302.110, 302.120, 302.130, 302.140, 302.150, 302.160, 302.170, 302.180, 302.190, Appendix A; amended at 13 Ill. Reg. 18847, effective November 15, 1989; amended at 14 Ill. Reg. 3438, effective March 1, 1990; amended at 14 Ill. Reg. 16430, effective September 25, 1990; amended at 14 Ill. Reg. 19010, effective November 15, 1990; amended at 16 Ill. Reg. 274, effective December 31, 1992; emergency amendment at 17 Ill. Reg. 2513, effective February 10, 1993, for a maximum of 150 days; emergency expired July 9, 1993; amended at 17 Ill. Reg. 13438, effective July 31, 1993; amended at 19 Ill. Reg. 9107, effective June 30, 1995; amended at 19 Ill. Reg. 9485, effective July 1, 1995; emergency amendment at 19 Ill. Reg. 10746, effective July 1, 1995, for a maximum of 150 days; emergency expired November 27, 1995; emergency amendment at 19 Ill. Reg. 16735, effective November 28, 1995, for a maximum of 150 days; amended at 20 Ill. Reg. 4606, effective March 15, 1996; amended at 20 Ill. Reg. 6670, effective May 1, 1996; emergency amendment at 21 Ill. Reg. 1033, effective January 1, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 3265, effective March 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 6204, effective May 15, 1997; amended at 21 Ill. Reg. 10912, effective July 29, 1997; amended at 22 Ill. Reg. 7140, effective April 13, 1998; emergency amendment at 22 Ill. Reg. 7289, effective April 13, 1998, for a maximum of 150 days; emergency expired September 10, 1998; amended at 22 Ill. Reg. 8803, effective May 15, 1998; amended at 22 Ill. Reg. 21314, effective December 1, 1998; emergency amendment at 25 Ill. Reg. 4292, effective March 15, 2001, for a maximum of 150 days; emergency expired August 11, 2001; amended at 25 Ill. Reg. 11821, effective August 31, 2001; amended at 25 Ill. Reg. 16243, effective December 15, 2001; amended at 26 Ill. Reg. 11747, effective August 1, 2002; amended at 26 Ill. Reg. 16434, effective October 22, 2002; amended at 28 Ill. Reg. 2155, effective February 1, 2004; emergency amendment at 28 Ill. Reg. 10405, effective July 8, 2004, for a maximum of 150 days; emergency expired December 4, 2004; amended at 29 Ill. Reg. 20354, effective November 30, 2005; amended at 30 Ill. Reg. 2323, effective February 2, 2006; amended at 32 Ill. Reg. 11611, effective July 10, 2008; emergency amendment at 33 Ill. Reg. 14310, effective October 1, 2009, for a maximum of 150 days; amended at 34 Ill. Reg. 3248, effective February 26, 2010; emergency amendment at 34 Ill. Reg. 13182, effective September 1, DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS 2010, for a maximum of 150 days; emergency expired January 28, 2011; amended at 35 Ill. Reg. 2899, effective February 8, 2011; amended at 35 Ill. Reg. 8204, effective May 15, 2011; amended at 36 Ill. Reg. 4048, effective March 5, 2012; expedited correction at 37 Ill. Reg. 19427, effective March 5, 2012; amended at 40 Ill. Reg. 693, effective December 31, 2015; amended at 40 Ill. Reg. 7721, effective May 16, 2016; amended at 42 Ill. Reg. 2027, effective January 11, 2018; amended at 42 Ill. Reg. 2169, effective January 17, 2018; amended at 42 Ill. Reg. 15899, effective August 2, 2018; amended at 50 Ill. Reg. ______, effective ____________. SUBPART A: GENERAL PROVISIONS Section 302.20 Definitions "Adoption assistance" or "adoption subsidy" means financial assistance given to an adoptive parent who has entered into an adoption assistance agreement withfrom the Department. Payments are made directly through the Department or through another public or nonprofit private agency to the adoptive parents. The types and amounts of assistance shall be determined by the Department and that is provided to the adoptive parents on an individual basis throughafter the finalization of an adoption assistance agreement. "Adoption assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department, and the prospective adoptive parents of a minor child or youth. The agreement must be signed by the Department Director, or designee, the executive for a child welfare contributing agency, if applicable, and the adoptive parents. The agreement will, at a minimum: specify the nature and amount of any payments, services, and assistance to be provided under such agreement, and stipulate that the agreement shall remain in effect regardless of the state of which the adoptive parents are residents at any given time. The agreement shall contain provisions for the protection (under an interstate compact approved by the Secretary or otherwise) of the interests of the child or youth in cases where the adoptive parents and child or youth move to another state while the agreement is effective. (42 U.S.C 675(3)) The agreement must specify its duration and be signed and in effect at the time of or prior to the final decree of adoption. (48 CFR 1356.40(B)(1)(2)). DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS "Adoption placement" means a living arrangement with a family that is directed toward establishing that family as the child or youth'schild's new legal parents. To be considered an adoptive placement the child or youth must be placed in a licensed foster family home or a license-exempt relative home and either: be legally free (parental rights have been terminated or both parents have surrendered their parental rights); or be placed in a legal risk adoptive placement that has passed legal screening as described in 89 Ill. Adm. Code 309 (Adoption Services for Children for Whom the Department of Children and Family Services is Legally Responsible). "Any support" means various forms of financial support including, but not limited to, payments for family therapy, clothing, maintenance of special equipment in the home, or services for the child or youth's special needs, with the Department having the ability to continue the adoption assistance if it is determined the parent is making some form of financial support of the child or youth. "Biological father" means a man who was not married to the mother when the child was born and who has acknowledged his paternity in open court, or who has signed a statement acknowledging paternity, or who is legally presumed to be the father because he married the child's mother after the child's birth and his name appears on the child's official record of birth, or whose paternity is adjudicated in court. When paternity has been established in the above manner, the relatives of the biological father as well as those of the mother may be considered for the placement of the related children. "Case plan" means a written document prescribed by the Department that meets the requirements of 42 U.S.C.475(1)(A) and 20 ILCS 505/6a. "Children for whom the Department is legally responsible" means children or youth for whom the Department has temporary protective custody, custody or guardianship via court order, or children or youth whose parents have signed an adoptive surrender or voluntary placement agreement with the Department. "Child welfare services" means public social services that are directed toward the accomplishment of the following purposes set forth in section 5(a)(3) of the Children and Family Services Act. [20 ILCS 505/5(a)(3)]: protecting and promoting the health, safety and welfare of all children, including homeless, dependent, or neglected children; preventing, remedying, or assisting in the solution of problems that may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child's health and safety; restoring to their families children who have been removed, by the provision of services to the child and the families when the child can be cared for at home without endangering the child's health and safety; placing children in suitable adoptive homes, in cases where restoration to the biological family is not safe, possible or appropriate; assuring safe and adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption. At the time of placement, the Department shall consider concurrent planning so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child; providing supportive services and living maintenance that contributes to the physical, emotional and social well-being of children for whom the Department is legally responsible who are pregnant and unmarried; providing shelter and independent living services for homeless youth; and placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS treatment program, in a licensed shelter facility, or in a secure child care facility. The Department is not required to place or maintain children: who are in a foster home; or who are persons with a developmental disability, as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5]; or who are female children who are pregnant, pregnant and parenting or parenting; or who are siblings; in facilities that provide separate living quarters for children 18 years of age and older and for children under 18 years of age. [20 ILCS 505/5] These services include but are not limited to: counseling, advocacy, protective and family maintenance day care, homemaker, emergency caretaker, family planning, adoption, placement, child protection, and information and referral. "Custodial Caregiver" means an individual with whom a child or youth resides who is directly responsible for the day-to-day care of the child or youth ensuring the child or youth'schild's safety and well-being. "Department" means the Illinois Department of Children and Family Services. [750 ILCS 50/1(Z)] "Family" means one or more adults and children, related by blood, marriage, civil union, or adoption and residing in the same household. "Fictive kin" means any individual, unrelated by birth, or marriage, tribal custom, or adoption who is shown to have significant and close personal or emotional ties with the child or the child's family. [20 ILCS 505/4d]who: is shown to have significant and close personal or emotional ties with the child or the child's family prior to the child's placement with the individual; or DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS is the current foster parent of a child in the custody or guardianship of the Department pursuant to the Child and Family Services Act and the Juvenile Court Act of 1987, if the child has been placed in the home for at least one year and has established a significant and family-like relationship with the foster parent, and the foster parent has been identified by the Department as the child's permanent connection. [20 ILCS 505/7(b)] "Godparent" is a person who sponsors a child at baptism or one in whom the parents have entrusted a special duty that includes assisting in raising the child if the parent cannot raise the child. If the person is considered to be the child's godparent, in order for placement to occur, the same placement selection criteria as contained in 89 Ill. Adm. Code 301.60 (Placement Selection Criteria) must be met. If the godparent is not a licensed foster parent, all the conditions currently in effect for placement with relatives in 89 Ill. Adm. Code 301.80 (Relative Home Placement) must be met. "Level of care" means one of the following types of substitute care that would be appropriate for the child, if placed in foster care: regular foster care, intensive foster care, or specialized foster care. "Minimum parenting standards" means that a parent or other person responsible for the child or youth'schild's welfare sees that the child or youth is adequately fed, clothed appropriately for the weather conditions, provided with adequate shelter, protected from physical, mental and emotional harm, and provided with necessary medical care and education as required by law. "No longer legally responsible" means a parent does not provide support for the child because: the adoptive parental rights have been terminated; the child or youth becomes an emancipated minor; the child or youth marries; or the child or youth enlists in the military. DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS "Parents" means the child's legal parents whose rights have not been terminated a person who is the legal mother or legal father of the child or youth as defined in subsection X or Y of the Adoption Act [750 ILCS 50/1(E)]; and a mother or father of a child or youth and includes any adoptive parent as defined in the Juvenile Court Act. [705 ILCS 405/1-3(11)]. Biological fathers are considered legal parents when paternity has been established as required by the definition in this Section. "Permanency goal" means the desired outcome of intervention and service that is determined to be consistent with the health, safety, well-being, and best interests of the child or youth. A permanent legal status is usually a component of the permanency goal. "Permanent connection" means a family-like relationship, consistent with a child's best interests, health, safety and well-being, that provides: safe, stable and committed parenting; unconditional love and lifelong support; and a permanent legal status between child and family. For a child for whom the Department is legally responsible, a permanent connection may be the child's parents or another caregiver in the child's home of origin. When the child cannot be safely returned home, a permanent connection may be the current or former foster parent or relative caregiver, an individual identified as an adoptive or legal guardianship placement resource, or another individual from among the child's or family's lifelong connections with whom a child has developed a familial relationship. "Permanent legal status" means a legally binding relationship between a child or youth and a family as established by birth or a court of law. "Pre-existing condition" means, for purposes of adoption assistance and subsidized guardianship, a disabling physical, emotional or mental health condition that the child or youth had prior to the finalization of the adoption or transfer of guardianship. Such condition must be documented by a duly licensed or credentialed professional. DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS "Private guardianship" means an individual person appointed by the court to assume the responsibilities of the guardianship of the person as defined in Section 1-3 of the Juvenile Court Act of 1987 [705 ILCS 405/1-3] or Article XI of the Probate Act of 1975 [755 ILCS 5]. "Relative" means a person who is, for purposes of placement of children for whom the Department is legally responsible, means any person, 21 years of age or over, other than the parent, who: related to a child by blood, marriage, tribal custom, adoption, or to a child's sibling in any of the foregoing ways, even though the person is not related to the child, when the child and the child's sibling are placed together with that person or fictive kin. For children who have been in the guardianship of the Department following the termination of their parents' parental rights, been adopted or placed in subsidized or unsubsidized guardianship, and are subsequently returned to the temporary custody or guardianship of the Department, "relative" includes any person who would have qualified as a relative under this Section prior to the termination of the parents' parental rights if the Department determines, and documents, or the court finds that it would be in the child's best interests to consider this person a relative, based upon the factors for determining best interests set forth in subsection 4.05 of Section 1-3 of the Juvenile Court Act of 1987. [20 ILCS 505/4d] is currently related to the child in any of the following ways by blood or adoption: grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, first cousin once removed (children of one's first cousin to oneself), second cousin (children of first cousins are second cousins to each other), godparent (as defined in this Section), great-uncle, or great- aunt; or is the spouse, or party to a civil union, of such relative; or is the child's step-father, step-mother, step-grandfather, step-grandmother or adult step-brother or step-sister; or DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS is the partner, or adult child of a partner, in a civil union with the child's mother or father; or is a fictive kin as defined in this Section. Relative also includes a person related in any of the foregoing ways to a sibling of a child, even though the person is not related to the child, when the child and its sibling are placed together with that person. For children who have been in the guardianship of the Department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department, a "relative" may also include any person who would have qualified as a relative under this definition prior to the adoption, but only if the Department determines that it would be in the best interests of the child to consider this person a relative. [20 ILCS 505/7(b)] "Service constellation" means a variety of services provided to a child and his/her family. "Service plan" means a written plan on a form prescribed by the Department in the plan toward the permanency goal for the children. "Siblings" means children or youth who share at least one parent in common. For the purposes of the Children and Family Services Act children or youth continue to be considered siblings after parental rights are terminated or after one or more of the children or youth are adopted or placed in private guardianship, if they were in the custody or guardianship of the Department pursuant to Article II of the Juvenile Court Act of 1987 immediately prior to the private adoption or guardianship For children who have been in the guardianship of the Department under Article II of the Juvenile Court Act of 1987, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department under Article II of the Juvenile Court Act of 1987, "siblings" includes a person who would have been considered a sibling prior to the adoption and siblings through adoption. [20 ILCS 505/7.4(b)(12)"Siblings" means children who have at least one parent in common. Children continue to be considered siblings after parental rights are terminated or after one or more of the children are adopted or placed in private guardianship, if they were in the custody or guardianship of the Department pursuant to Article II of the Juvenile Court Act of 1987 immediately prior to the private adoption or guardianship. Step-siblings may be considered "siblings" when the children enter into substitute care together, DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS have a positive relationship and share at least one parent in common. "Subsidized Guardianship Program" means a program of the Department that offers a financial subsidy to relative care or licensed foster home caregivers who are willing to assume private guardianship of children who are eligible for the program. The Subsidized Guardianship Program is further defined in Section 302.405 (Subsidized Guardianship) and Section 302.410 (Subsidized Guardianship Program (KinGap)). "Voluntary placement agreement" means a time-limited written agreement, binding on the parties to the agreement, between the Department, any other agency acting on its behalf, and the parents or guardians of a request and consent from a parent, guardian or legal custodian of a child or youth which specifies, at a minimum, the legal statusfor placement of the child or youth and the rights and obligations of the parents or guardians, the child or youth, and theout of the home. When signed by designated Department while the child or youth is in placement. (42 U.S.C. 672(f)(2))staff, the Department agrees to provide child welfare services that include placement. "Youth in care" means persons placed in the temporary custody or guardianship of the Department or a child or youth whose parents have signed an adoptive surrender or voluntary placement agreement with the Department pursuant to the Juvenile Court Act of 1987. [20 ILCS 505/4d] (Source: Amended at 50 Ill. Reg. ______, effective ____________) SUBPART C: DEPARTMENT CHILD WELFARE SERVICES Section 302.303 Definitions "Child or youth" means, for this Subpart only, an individual who has not attained 18 years of age, but shall include an individual: who is in foster care under the responsibility of the Department; or with respect to whom an adoption assistance agreement is in effect if the child or youth had attained 16 years of age before the agreement became effective; or DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS who has attained 18 years of age; but has not attained 21 years of age; and who is: completing secondary education or a program leading to an equivalent credential; enrolled in an institution which provides postsecondary or vocational education; participating in a program or activity designed to promote, or remove barriers to, employment; employed for at least 80 hours per month; or incapable of doing any of the activities described in subclauses above due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child. (42 U.S.C. 675 (8)). (Source: Added at 50 Ill. Reg. ______, effective ____________) Section 302.310 Adoption Assistance a) General Provisions 1) Eligibility, Funding Source, Assistance Amounts A) Adoption assistance may be provided to those persons adopting children or youth who are legally free for adoption, who are residents or youth in care of Illinois, and who the Department has determined meet the special needs criteria for non-recurring adoption assistance of subsection (e)(1) of this Part, or who meet both the eligibility and special needs criteria for ongoing adoption assistance of subsection (d)(5)(H) of this Part, and who, it is reasonable to conclude, are not likely to be adopted without the provision of adoption assistance. B) Adoption assistance is available through a combination of federal and stateState funding. The DepartmentState receives federal DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS reimbursement for a portion of the assistance provided for children or youth meeting the titleTitle IV-E eligibility criteria of the Social Security Act (42 U.S.C. 670). The Department must comply with all of the requirements of that Act to claim funding for titleTitle IV-E eligible children. The titleTitle IV-E adoption assistance process is a combination of the field staff preparing the assistance documentssubsidy and documenting special needs followed by a centralized eligibility unit determining financial aspects of titleTitle IV-E assistance. C) State funding provides adoption assistance for children for whom the Department has placement and care responsibility and who meet the special needs criteria but are not eligible for Title IV-E adoption assistance. State funding also provides adoption assistance for children who age out of eligibility for Title IV-E adoption assistance and continue in school up to the earliest of their nineteenth birthday or graduation from high school. CD) Eligibility for adoption assistance shall be determined regardless of the financial circumstances of the adoptive parents., Thethe types and amounts of assistance shall be determined by the Department and the adoptive parents on an individual basis. The Department shall notify the prospective adoptive parents of the availability and the types of assistance. The adoptive parentsparent may refuse any or all of the adoption assistance. The ongoing monthly payment shall be issued to the person identified in the adoption assistance agreement. Any type of adoption assistance services included in this Part that are payable through private insurance, medicaid, or other funding sources will not be paid for by the Department. The child adopted with adoption assistance is entitled to receive only those services and/or payments specified in the adoption assistance agreement. D) In determining the eligibility for adoption assistance payments of a child or youth in a legal guardianship arrangement the placement of the child or youth with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child or youth shall be considered never to have been made. (42 U.S.C. 673(a)(2)(D)) 2) Responsibility of the State in Interjurisdictional Adoptions A) When the Department is legally responsible forhas responsibility for placement and care of a child or youth who is eligible for titleTitle IV-E reimbursement, the Department will enteris responsible for entering into the adoption assistance agreement and paypaying the adoption assistance amountsubsidy, even if the child or youth is placed in an adoptive home in another state. B) If the Department is not legally responsible fordoes not have responsibility for placement and care of a titleTitle IV-E eligible child or youth, it is the adoptive parents may apply for adoption assistance in theirparent's state of residence where the adoption assistance application should be made. In that event, the public child welfare agency in the adoptive parent's state of residence is responsible for determining whether the Title IV-E child meets the definition of special needs, entering into the adoption assistance agreement and paying the subsidy, consistent with the way public benefits are paid in other programs. C) The relocation of adopted children or youth from Illinois to other states is governed by title 89 Ill. Adm. Code 328.130 (Relocation of Adopted Children from Illinois to Other States). 3) Continued Eligibility of Children A) If an adoption is dissolved because of the termination of parental rights, or the death of the adoptive parents, a child adopted with Title IV-E adoption assistance continues to be eligible for Title IV- E adoption assistance if the State determines that the child meets the definition of a child with special needs prior to finalization of adoption. B) When an adoption assistance agreement is terminated because of the death of the adoptive parents, or the termination of parental rights and the child is adopted again, the Title IV-E child's state of residence is responsible for entering into the assistance agreement DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS and paying the subsidy, consistent with the way public benefits are paid in other programs. C) A child who was previously adopted with adoption assistance and whose adoption dissolves or whose adoptive parents die may be treated as if the financial circumstances for a subsequent adoption are the same as the first time the child was adopted. b) Eligibility for Adoption Assistance In determining eligibility for adoption assistance payments there is no income eligibility requirement for the adoptive parents. 1) Children and youth for whichunder the Department is legally responsibleDepartment's legal responsibility and those for whom it is not legally responsiblewho are not under the Department's legal responsibility when the adoption petition is filed are eligible for titleTitle IV-E adoption assistance when the child or youth meetsthey meet one of the eligibility criteria described in subsections (d)(1) through (d)(5)this subsection (b) and the special needs criteria detailed in subsection (d)(5)(H) herein(b)(2). 2) Children and youth for whom the Department does not have legal responsibility andof Children and Family Services is responsible for placement and care when the adoption petition is filed who do not meet the eligibility requirements in this subsection (b) but do meet the special needs criteria detailed in subsection (b)(2) are eligible for State-funded adoption assistance. Children not under the legal responsibility of the Department who do not meet the eligibility criteria described in this subsection (d)(1) through (d)(5)(b) but who meet the definition of a child or youth with special needs, as set forth in subsection (d)(5)(H), are eligible for adoption assistance non-recurring expenses only, as set forth in subsection (e)(1) herein. 3) The Department will not disqualify a child or youth who is otherwise eligible for adoption assistance based on the child or youth being an alien child or youth. An alien child or youth must be aA "qualified alien" child or youth, as defined in (8 U.S.C. 1641), and also must meet the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) (P.L. 104-193, 110 Stat. 2168), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS (IIRIRA) (P.L. 104-208), and the Balanced Budget Act of 1997 (BBA) (P.L. 105-33, 8 U.S.C.USC 1642) to receive adoption assistance. c) Continued Eligibility for Adoption Assistance 1) If an adoption dissolves, a child or youth adopted with title IV-E adoption assistance and the child or youth is place with the Department, the child or youth may continue to be eligible for title IV-E adoption assistance if the child or youth meets the definition of a child or youth with special needs as defined at (42 U.S.C. 673(e)(3)(A)-(C)), prior to finalization of the subsequent adoption. 2) When an adoption assistance agreement is terminated because of the death of the adoptive parents or the termination of parental rights and the Department is not involved in the subsequent adoption, but the child or youth is adopted again, the child or youth's subsequent state of residence will determine its responsibility for entering into a new adoption assistance agreement. 3) A child or youth who was previously adopted with adoption assistance and whose adoption dissolves or whose adoptive parents die will be treated as if the financial circumstances and eligibility factors for a subsequent adoption are the same as the initial adoption. d) Applicable Child or Youth Eligibility After the amendment of 42 U.S.C. 673 through the enactment of the Fostering Connections to Success and Increasing Adoptions Act (P.L. 110-351), children or youth with special needs who are eligible for title IV-E adoption assistance are categorized as either an applicable child or youth or non-applicable child or youth. 1) Applicable Child or Youth Eligibility Based on Age Beginning in fiscal year 2010, a child or youth for whom an adoption assistance agreement is entered into during any federal fiscal year described below if the child or youth attained the applicable age for that fiscal year before the end of that fiscal year is an applicable child or youth: In the case of federal fiscal year 2010 − the applicable age is 16 In the case of federal fiscal year 2011 − the applicable age is 14 In the case of federal fiscal year 2012 − the applicable age is 12 In the case of federal fiscal year 2013 − the applicable age is 10 In the case of federal fiscal year 2014 − the applicable age is 8 In the case of federal fiscal year 2015 − the applicable age is 6 In the case of federal fiscal year 2016 − the applicable age is 4 In the case of federal fiscal year 2017 through 2023 − the applicable age is 2 In the case of federal fiscal year 2024 − the applicable age is 2, or in the case of a child or youth whom an adoption assistance agreement is entered into under this Section on or after July 1, 2024, any age In the case of federal fiscal year 2025 or thereafter − any age (42 U.S.C. 673(e)(1)(B)) 2) Applicable Child or Youth Eligibility Based on Duration in Care Beginning with fiscal year 2010, such term (applicable child or youth) shall include a child or youth of any age on the date on which an adoption assistance agreement is entered into on behalf of the child or youth under this section, if the child or youth: A) Has been in foster care under the responsibility of the Department for at least 60 consecutive months; and B) Meets the following: i) at the time of initiation of adoption proceedings was in the care of a public or licensed private child or youth placement agency or Indian tribal organization pursuant to an involuntary removal of the child or youth from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child or youth; or a voluntary placement agreement or voluntary relinquishment; and ii) meets all medical or disability requirements with respect to eligibility for supplemental security income benefits; or iii) was residing in a foster family home or child care institution with the child or youth's minor parent receiving DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS title IV-E maintenance payments that include the child or youth, although the child or youth is not a youth in care, and the child or youth's minor parent was in such foster family home or child care institution pursuant to an involuntary removal of the child or youth from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child or youth; or a voluntary placement agreement or voluntary relinquishment; and iv) has been determined by the Department to be a child or youth with special needs. (42 U.S.C. 673(e)(2)(A)-(B)) 3) Applicable Child Eligibility Based on Sibling Group Beginning with federal fiscal year 2010, such term (applicable child or youth) shall include a child or youth of any age on the date on which an adoption assistance agreement is entered into on behalf of the child or youth under this Section if the child or youth: A) is a sibling of a child or youth who is an applicable child or youth for the fiscal year under subsection (b)(1); and B) is to be placed in the same adoption placement as an applicable child or youth for the federal fiscal year who is their sibling; and C) meets the following: i) at the time of initiation of adoption proceedings was in the care of a public or licensed private child or youth placement agency or Indian tribal organization pursuant to an involuntary removal of the child or youth from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child or youth; or a voluntary placement agreement or voluntary relinquishment; ii) meets all medical or disability requirements with respect to eligibility for supplemental security income benefits; or DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS iii) was residing in a foster family home or child care institution with the child or youth's minor parent receiving title IV-E foster care maintenance payments that include the child or youth, although the child or youth is not a youth in care, and the child or youth's minor parent was in such foster family home or child care institution pursuant to an involuntary removal of the child or youth from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child or youth; or a voluntary placement agreement or voluntary relinquishment; and. D) Has been determined by the Department to be a child or youth with special needs. (42 U.S.C. 673(e)(3)(A)-(C)) 4) An applicable child or youth must meet the following additional requirements as specified in 42 U.S.C. 473(a)(2)(A)(ii): A) At the time of initiation of adoption proceedings was in the care of a public or licensed private child or youth placement agency pursuant to: i) an involuntary removal of the child or youth from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child or youth; or ii) a voluntary placement agreement or voluntary relinquishment; and B) Meets all the medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or C) Was residing in a foster family home or child care institution with the child or youth's minor parent and the child or youth's minor parent was in such foster family home or child care institution pursuant to: DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS i) an involuntarily removal of the child or youth from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child or youth; or ii) voluntary placement agreement or voluntary relinquishment; and iii) has been determined by the Department pursuant to 42 U.S.C. 673(c)(2) to be a child or youth with special needs. 5) Non-Applicable Child Requirements A) Foster Care Placement i) The child or youth was removed from the home of a relative and placed in foster care in accordance with a voluntary placement agreement with respect to which federal payments are provided. (42 U.S.C. 673 (a)(2)(A)(i)(I)(aa)(AA)) ii) The child or youth was removed in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child or youth; and the provisions of (42 U.S.C. 673 (a)(2)(A)(i)(I)(aa)(AA)). B) Aid for Families with Dependent Children (AFDC) i) The child or youth would have received AFDC under the State plan approved under Section 402 (42 U.S.C. 602) (as in effect on July 16, 1996) in the home, during or for the month in which the adoption agreement was entered into or court proceedings leading to removal of the child or youth from their home as referred to in paragraph (2)(A)(ii) of 42 U.S.C. 672 were initiated; (42 U.S.C. 672(a)(3)(A)(i)). ii) The child or youth would have received AFDC aid in the home, during or for the month referred to in paragraph (1) DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS above, if the AFDC application had been made during that month; (42 U.S.C. 672(a)(3)(A)(ii)(I)). iii) The child or youth would have received AFDC aid in the home, during or for the month in which the adoption agreement was entered into or the court proceedings were initiated, and would have received the AFDC aid during or for such month, if, in such month, the child or youth had been living in the home with the relative referred to in paragraph (1) above and the application for the AFDC aid had been made during that month; (42 U.S.C. 672 (a)(3)(A)(ii)(II)). C) Supplemental Social Security Income. The child or youth meets all the requirements of title XVI with respect to eligibility for supplemental social security income benefits. (42 U.S.C. 673 (a)(2)(A)(i)(bb)) D) Child of Minor in Foster Care. The child or youth is a child or youth whose costs in a foster family home or child-care institution are covered by foster care maintenance payments being made with respect to the minor parent of the child or youth as provided in 42 U.S.C. 675(4)(B) and 42 U.S.C. 673(a)(2)(A)(i)(cc). E) Special Needs. The Department previously determined pursuant to section (c)(1) of 42 U.S.C. 673 to be a child or youth with special needs. (42 U.S.C. 673 a(2)(A)(II)) F) Prior Adoption Assistance. A non-applicable child or youth who was previously determined eligible for adoption assistance shall be treated as meeting the requirements, if the child or youth: i) has been determined by the Department pursuant to section (c)(1) of 42 U.S.C. 673 to be a child or youth with special needs. (42 U.S.C. 673 a(2)(A)(II)), and ii) was determined eligible for adoption for adoption assistance payments under this plan with respect to a prior adoption, and DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS iii) is available for adoption because the prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated; or because the child or youth's adoptive parents have died, and iv) does not meet the requirements of A through G of this Section but will meet such requirements if the child or youth is treated as if the child or youth is in the same financial and other circumstances the child or youth was in the last time the child or youth was determined eligible for adoption assistance payments and the prior adoption is treated as never having occurred. G) In the case of a child or youth of any age for whom an adoption assistance agreement is entered into on or after July 1, 2024, the Department must determine eligibility of a child or youth according to the "applicable child" eligibility criteria subsections (2)-(4) herein. H) Special Needs Criteria In order to be eligible for adoption assistance, the Department must determine that the child or youth meets all three of the following criteria that comprise the definition of a child or youth with special needs: i) the Department has determined, pursuant to a criterion or criteria established by the Department, that the child or youth cannot or should not be returned to the home of the child or youth's parents, (42 U.S.C. 673(c)(1)(A)); 42 U.S.C. 673(c)(2)(B)(i)), and ii) the Department has determined that there exists with respect to the child or youth a specified factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of such factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child or youth cannot be placed with DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS adoptive parents without providing adoption assistance under this section and medical assistance under title XIX. (42 U.S.C. 673(c)(1)(B); 42 U.S.C. 673(c)(2)(B)(i)), or iii) an applicable child or youth meets all the medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and (42 U.S.C. 673(c)(2)(B)(ii)); and iv) the Department has determined that, except where it would be against the best interests of the child or youth because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of the parents as a foster child or youth; v) a reasonable, but unsuccessful, effort has been made to place the child or youth with adoptive parents without providing adoption assistance, and the prospective adoptive parents are either unwilling or unable to adopt the child or youth without adoption assistance under this section or medical assistance under title XIX. (42 U.S.C. 673(c)(2)(C)). 1) The child was eligible for AFDC under the provisions of Title IV-A of the Social Security Act in effect as of July 16, 1996 during the month the petition was filed to remove the child from the home and the Department has determined that the child meets the definition of a child with special needs; or A) An AFDC-eligible child removed from the home as a result of a court order shall be eligible for adoption assistance when there is a judicial determination in the removal order that it was contrary to the welfare of the child to remain in the home; or B) An AFDC-eligible child removed from the home as a result of a voluntary placement agreement shall be eligible for adoption assistance when the child was placed in a foster home and at least one Title IV-E maintenance payment was made while the voluntary placement agreement was in effect; or DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS C) An AFDC-eligible child who was voluntarily relinquished to a public or private not-for-profit agency shall be eligible for adoption assistance in the following circumstances: i) a petition to officially remove the child from the home was filed with the court within 6 months after the date the child last lived with the relative who voluntarily relinquished the child; and ii) there is subsequent judicial determination with respect to the petition that remaining in the home is contrary to the child's welfare; or D) The child's eligibility for Supplemental Security Income (SSI) was established and documented by the Social Security Administration and the Department determines that the child meets the definition of a child with special needs prior to the finalization of the adoption; or E) The child is a child of minor parent receiving Title IV-E foster care maintenance payments that include the child, although the child is not a ward of the Department and the child meets the definition of a child with special needs; or F) The child is a child for whom adoptive parents were previously receiving adoption assistance and the Department has determined that the child meets the definition of a child with special needs prior to the finalization of the subsequent adoption. 2) Special Needs Criteria In order to be eligible for adoption assistance, the Department must determine that the child meets all three of the following criteria that comprise the definition of a child with special needs: A) the child cannot or should not be returned to the home of his or her parents as evidenced by: DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS i) a voluntary or involuntary termination of parental rights; and/or ii) the death of a parent. B) there exists a specified factor or condition because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance. These factors or conditions include: i) an irreversible or non-correctable physical, mental or emotional disability; or ii) a physical, mental, or emotional disability correctable through surgery, treatment or other specialized services; or iii) the child is one year of age or older; or iv) the child is a member of a sibling group being adopted together where at least one child meets one of the conditions in subsections (b)(2)(B)(i) through (iii); or v) the child is being adopted by adoptive parents who have previously adopted, with adoption assistance, another child born of the same mother or father; and C) a reasonable, but unsuccessful, effort has been made to place the child with adoptive parents without providing adoption assistance, and the prospective adoptive parents are either unwilling or unable to adopt the child without adoption assistance, as evidenced by a written statement from the adoptive parents. A documented search for alternative adoptive placements without adoption assistance shall be made unless the Department determines that such a search would not be in the best interests of the child because the child has developed significant emotional ties with the prospective adoptive parents while in their care. ec) Types of Adoption Assistance The types of adoption assistance that a family may apply for include: 1) Non-recurring Expenses Payment for non-recurring adoption expenses incurred by or on behalf of the adoptive parents in connection with the adoption of a special needs child or youth, up to thea maximum amount annually approved by the Departmentof $1500 for each adopted child. 2) Monthly Payments An ongoing monthly payment is to be determined through the discussion and negotiation process between the adoptive parents and the Department based on the needs of the child or youth and the circumstances of the family. A) This payment will take into consideration the circumstances of the adopting parentsshould combine with the parent's resources to cover the ordinary and the special needs of the child or youth being adopted. The adoptive parent may receive a monthly assistance amount up to the child or youth's current applicable board payment rate as of the date of the final order of adoption.This payment shall not exceed the amount the child receives in his or her current foster family upon entry of the final order of adoption unless the child is an unlicensed relative placement. In such a case, upon entry of a final order or adoption, the adoptive family may receive up to the applicable licensed foster family home rate. B) The ongoing monthly payment shall only be issued to one custodial caregiver identified as payee in the adoption assistance agreement, and this person shall be the designated authority for the purpose of service provision. i) In the event that there is a change in the custodial status of the child or youth, the Department shall be notified. If a change in payee is necessary, notification shall be sent to the Department in writing with the supporting legal documentation attached. ii) A non-custodial parent may request notice of periodic reviews or subsequent amendments to the adoption assistance agreement regarding their children. DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS iii) The payment amount may be readjusted periodically, with the concurrence of the adopting custodial parents (which may be specified in the adoption assistance agreement), depending upon changes in such circumstances. (42 U.S.C. 473(a)(3)) 3) Medical InsuranceA Medicaid card. Children or youth enrolled in a managed care program will receive a managed care plan proof of enrollment. A) The state will provide health insurance coverage through one or more state medical assistance programs, with the same type and kind of benefits as those which would be provided for children or youth under title XIX: i) who has been determined to be a child or youth with special needs; or ii) for whom there is in effect an adoption assistance agreement; or iii) for whom the State has determined cannot be placed with an adoptive parent or parents without medical assistance because such child or youth has special needs for medical, mental health, or rehabilitative care. B) In providing such coverage, the state shall ensure that the medical benefits, including mental health benefits, provided are of the same type and kind as those that would be provided for children and youth by the State under title XIX. C) In the event the state provides such coverage through a State medical assistance program other than the program under title XIX, and the State exceeds its funding for services under such other program, any such child or youth is deemed to be receiving aid or assistance under the State Plan for Medical Assistance (42 U.S.C. 1396(a)). DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS D) In determining cost-sharing requirements, the Department will take into consideration the circumstances of the adopting parents and the needs of the child or youth being adopted to the extent coverage is provided through a state medical assistance program, consistent with the rules under such program. E) A child or youth enrolled in health insurance coverage through a State medical assistance program will remain eligible until their 26 birthday as a "former youth in care". Upon the 26 birthday eligibility will default to standard eligibility criteria. 4) Needs Not Payable Through Other Sources A) The Department will payPayment may be made for physical, emotional and mental health needs not payable through insurance or public resources (e.g., other State or community funded programs) when the need isthat are associated with, or result from, a condition whose onset washas been established as occurring prior to the entry of the final order of adoption. B) The adoptive parents must notify the Department in non- emergency cases, and work with DCFS Health Services to ensure that an appropriate provider is found so the Department is fully reimbursed. CB) The Department willPayment shall not make a payment until the provider notifiesbe made until the Department has been notified in writing that such services will begin, it and has approved the requested services, and a contract (when applicable) has been executed between the Department and the provider. D) The Department's reimbursement shall be limited to what is usual, customary, and reasonable costs based uponon Medicaid-eligible service rates in the community where the service is providedas determined by the Department. E) The Department will not pay for physical, emotional, medical, mental health or psychological services or treatment for a pre- existing condition or risk factors unless: DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS i) the pre-existing condition, service, or risk factor is included in the adoption assistance agreement, or ii) the can be documented as a pre-existing condition that was unknown at the time of the agreement by a medical provider; or. iii) in the event a pre-existing condition is not identified in the assistance agreement, the family of the child or youth shall notify the Department of the need for additional services or financial support. 5) Therapeutic Day Care Therapeutic day care is available only for children who are determined to have a disability that requires special educational services through an Individualized Education Plan (IEP), an Individual Family Service Plan (IFSP), or a 504 Educational Special Needs Plan and is not fundable through another source. Specific therapeutic interventions must be provided as an integral part of the day care programming. Payment for therapeutic day care shall not be made until the Department has been notified in writing that such services will begin, has approved the requested services, and a contract has been executed (when applicable). 6) Employment Related Day Care The Department will pay the cost ofPayment for day care for children under the age of three years may be made if the adoptive parent is employed or in a training program that will lead to employment. Payment for day care services shall end on the child's third birthday. This day care payment cannot be used in addition to therapeutic day care. 7) College Scholarships and the Education and Training Voucher Program A) Children who are receiving adoption assistance may apply for a 4- year college scholarship awarded by the Department on a competitive basis (see 89 Ill. Adm. Code 312). A limited number of scholarships are awarded by the Department each year to high school or high school equivalent graduates. If awarded, this assistance will be received concurrently with the adoption assistance payment. DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS B) Children and youthYouth who are adopted from foster care after attaining age 16 are eligible forto enter the Education and Training Voucher (ETV) Program (see 89 Ill. Adm. Code 312). 8) Respite Care for Medically Fragile/Technology Dependent Children A) Adoptive children or youth who meetThe Department may make payment for care for children who have a pre-existing condition that meets the medical eligibility guidelines, as set forth at 89 Ill. Adm. Code 120.530 (Medical Assistance Programs), used by the Department of Healthcare and Family Services (HFS) for the Home and Community Based Services (HCBS) Waiver program for Children who are Medically Fragile/Technology Dependent are eligible to receive up to 336 of respite care through. The payment shall not exceed 10 days per State fiscal year. Unused days from one fiscal year cannot be carried over to a new State fiscal year or donated to another family. This program is operated by the Division of Specialized Care for Children (DSCC) for HFS. DCFS regional nurses shall assist in making the determination of whether the child meets the eligibility requirements for the waiver program. B) Respite care not covered by the HCSB Waiver program, shall be provided by an authorized provider licensed by the Department of Public Health as a children's or youth's respite care center under the Alternative Health Care Delivery Act [210 ILCS 3]. The provider must accept the Medicaid nursing hourly rate as the payment rate for the respite care. DCFS shall select and contract directly with the authorized provider to pay for this service. The adoptive parents must not already be receiving respite care from another source. i) For existing adoptive cases: If the adoptive parents agree to apply, the parents should apply for the HCBS waiver program. As part of this application process, medical eligibility and cost neutrality calculations shall be determined. If determined eligible and the adoptive parents agree to accept HCBS waiver program services, then the respite care shall be provided through that program (if DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS respite care is available as part of the service package resulting from these determinations and there is available capacity in the waiver program). Cii) TheFor new adoptive cases, the adoptive parents must apply for the HCBS waiver program. As part of this application process, medical eligibility and cost neutrality calculations shall be determined by HFS. If determined eligible, the adoptive parents must agree to accept HCBS waiver program services, and the respite care shall be provided through that program (if respite care is available as part of the service package resulting from these determinations and there is available capacity in the waiver program). 9) Department will provide state funded adoption assistance for children and youth for whom the Department is legally responsible for and who meet the special needs criteria but are not eligible for title IV-E adoption assistance. State funding also provides adoption assistance for children who age-out of eligibility for title IthE adoption assistance and continue in school up to the earliest of their 19 birthday or graduation from high school.Conditional Adoption Assistance Conditional adoption assistance is available to children adopted before February 1, 2004. To be eligible for conditional adoption assistance, the child must meet all of the eligibility requirements for adoption assistance and have a documented disability or risk factor not evident at the time of the adoption but that may require intervention, treatment or services in the future. 10) Ineligible for Assistance The Department will not make payments to parents for a fiscal year with respect to any applicable child or youth who: A) would not be considered a child or youth with special needs under subsection (d)(5)(H) herein; B) is not a citizen or resident of the United States; and C) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS 11) Adoption Savings The Department must calculate the savings (if any) incurred as a result of applying the differing program eligibility criteria to "applicable" children for each fiscal year, using a methodology specified by the Secretary of the U.S. Department of Health and Human Service or an alternate methodology proposed by the Department and approved by the Secretary. This calculation must be made for each fiscal year considering children on whose behalf title IV-E adoption assistance payments are made regardless of the fiscal year in which the adoption assistance agreement was entered into. The application of the "non-applicable child" eligibility criteria remains essential information for the purpose of calculating the adoption savings. The Department will take necessary actions to maintain this information. fd) Adoption Assistance Agreement 1) The adoption assistance agreement, defined herein, shall be signed prior to the entry of the final order of adoption. The written agreement shall specify the nature and amount of any payments, services, and assistance to be provided under the agreement.The types, amount and duration of adoption assistance shall be agreed to in writing by the Department and the adoptive parents prior to the entry of the final order of adoption, and shall be set forth in the adoption assistance agreement, which shall be binding on the parties to the agreement. 2) The adoptive parent may receive a monthly payment up to the child or youth's current applicable board payment rate as of the date of the final order of adoption.This payment shall not exceed the amount the child received in his or her current foster family home upon entry of the final order of adoption unless the child is in an unlicensed relative placement. In such a case, upon entry of the final order of adoption, the adoptive family may receive up to the applicable licensed foster family home rate. 3) The adoption assistance agreement shall remain in effect, regardless of where the adoptive parents currently reside and shall contain provisions for the protection of the interests of the child in cases where the adoptive parents and child move. When the Department is notified that a family with whom it has an adoption assistance agreement is moving or has moved out of Illinois the DCFS Compact Administrator shall be notified DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS so as to proceed in accordance with 89 Ill. Adm. Code 328.130 (Relocation of Adopted Children from Illinois to Other States). If a needed service specified in the adoption assistance agreement is not available in the new state or tribal service area of residence, the Department will remain financially responsible for providing the specified service(s).The adoptive parents may request a change in their child's subsidy due to a change in the family or child's circumstances. All changes and/or services are subject to periodic review and authorization by the Department. ge) Notification Requirements by Adoptive Parents The adoptive parent shall notify the Department no later than 30 days after any of the following occurrences: 1) Parent Obligations Parents who receive adoption assistance payments are responsible for notifying the Department of circumstances that would make them ineligible for adoption assistance payments, or eligible for assistance payments in a different amount. (42 U.S.C. 673(a)(4)(B)) The adoptive parent shall notify the Department no later than 30 days after any of the following occurrences: A) a change in the parent(s) or the child or youth's legal name; B) the child or youth has been removed from the adoptive home and custody of the adoptive parent by a tribal or other public social service, or a correctional agency; C1) the child or youth is no longer the legal responsibility of the adoptive parents; D2) the adoptive parents no longer financially support the child or youth; E3) the child or youth graduates from high school or equivalent; F4) there is a change of residential address or mailing address of the adoptive parents or the child or youth; G5) the child or youth dies; 6) the child or youth becomes an emancipated minor; I7) the child or youth marries; J8) the child or youth enlists in the military; K9) the child's or youth's custodial status changes due to separation or divorce of adoptive parents, change in the parent's or child or youth's legal name; or L10) if the child or youth was adopted before July 1, 2017, or was younger than 16 years of age when the adoption was finalized on or after July 1, 2017, the child or youth completes his or her secondary education or a program leading to an equivalent credential; or M11) if the child or youth was adopted after July 1, 2017, and was 16 years of age or older when the adoption was finalized and the child or youth reaches the age of 18, the child's participation in any of the following: iA) the child or youth is completing secondary education or a program leading to an equivalent credential; iiB) the child or youth is enrolled in an institution that provides post-secondary education or a vocational program; iiiC) the child or youth is participating in a training program or activity designed to promote, or remove barriers to, employment; ivD) the child or youth is employed at least 80 hours per month; or vE) the child or youth is incapable of doing any of the above due to a medical condition. 2f) Notification Requirements by the Department Obligations DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS A) The Department shall provide adoptive parents of children or youth adopted with adoption assistance with information about the Department's post-adoption search and reunion services for children and youth in care, including information about accessing these services, at least once each year until adoption assistance payments cease. [20 ILCS 505/7.5(b)]Youth who were adopted with adoption assistance shall be provided this same information within 30 days after his or her eighteenth birthday. B) The Department shall provide a notice that includes a description of the Department's search and reunion services and an explanation of how to access those services to each person who is a child or youth in care within 30 days after the child or youth's 18 birthday and within 30 days prior to the closure of the child or youth's case pending under Article II of the Juvenile Cotht Act of 1987, if the case is closing after the child or youth's 18 birthday. [20 ILCS 505/7.5(b-5)] C) Children and youth who were adopted with adoption assistance shall be provided this same information within 30 days after the th child or youth's 18 birthday. [20 ILCS 505/7.5(b)] D) The Department shall provide notice to the adoptive parents of the potential eligibility of the individual for a federal tax credit under section 23 of the Internal Revenue Code of 1986. (42 U.S.C. 671(a)(33)) g) Periodic Reviews The Department shall mail an Annual Notification letter to the adoptive parent or parents, which will facilitate the adoptive parent's communication with the Department. h) Termination or Fulfillment of Adoption Assistance Agreement 1) The adoption assistance shall terminate when the Department has determined that one of the following has occurred: DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS A) the child or youth has attained the age of 18, or age 21, if the child or youth was 16 years of age or older and adopted after July 1, 2017; B) the child or youth has attained age of 21 and the Department previously determined that the child or youth has a mental or physical disability which would warrant continuation of assistance; C) the Department has determined that the adoptive parents are "no longer legally responsible," as defined herein, for support of the child or youth who has not attained 18 years of age; or D) the Department has determined that the adoptive parents are no longer providing any support to the child or youth; E) the adoptive parents die; F) the adoptive parents' parental rights are terminated; G) the adoptive parents have requested that the adoption assistance payment permanently stop; H) the child or youth is less than 18 years of age, and a court has entered an order emancipating the child or youth; I) the child or youth has married; J) the child or youth has enlisted the military; K) the child or youth dies. 2) The Department will determine that the adoption assistance agreement is "fulfilled" under any of the following conditions: A) If the adoption was finalized before July 1, 2017, or the child or youth was under the age of 16 when the adoption was finalized on or after July 1, 2017: i) the child or youth reaches age 18; DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS ii) a child or youth 18 years of age graduates from high school or equivalent or reaches age 19, whichever occurs first; or iii) a child or youth who has a physical, mental or emotional disability associated with a condition or risk factor that existed prior to the finalization of the adoption and documented prior to the child or youth's 18 birthday reaches age 21. B) For children or youth adopted after July 1, 2017 who were 16 years of age or older when the adoption was finalized, the Agreement will be considered fulfilled at age 21, or sooner if any one of the following criteria are not met: i) the child or youth is completing post-secondary education or a program leading to an equivalent credential; ii) the child or youth is enrolled in an institution that provides post-secondary education or a vocational program; iii) the child or youth is participating in a program or activity designed to promote, or remove barriers to, employment; iv) the child or youth is employed at least 80 hours per month; or v) the child or youth is incapable of doing any of the above due to medical condition. C) Upon the expiration of an extension of the agreement. 1) The terms of the adoption assistance agreement are fulfilled. 2) The adoptive parents have requested that the adoption assistance permanently stop. 3) The adoptive parents are no longer legally or financially responsible for the child. 4) The child becomes an emancipated minor. 5) The child marries. 6) The child enlists in the military. 7) If the adoption was finalized before July 1, 2017, or the child was under the age of 16 when the adoption was finalized on or after July 1, 2017: A) the child reaches age 18; B) a child 18 years of age graduates from high school or equivalent or reaches age 19, whichever occurs first; or C) a child who has a physical, mental or emotional disability associated with a condition or risk factor that existed prior to the finalization of the adoption and documented prior to the youth's th 18 birthday reaches age 21. 8) For children who were were 16 years of age or older when the adoption was finalized on or after July 1, 2017, the child reaches age 21. Between the ages of 18 and 21, the adoption assistance payments may stop and start based on the child's compliance with, and the adoptive parent's confirmation of, the requirements listed in this subsection (h)(8) (failure of the adoptive parent to provide annual written confirmation will cause the subsidy payment to stop). A) The child is completing secondary education or a program leading to an equivalent credential; B) The child is enrolled in an institution that provides post-secondary education or a vocational program; C) The child is participating in a program or activity designed to promote, or remove barriers to, employment; D) The child is employed at least 80 hours per month; or DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS E) The child is incapable of doing any of the above due to a medical condition. 9) The adoptive parents die. 10) The adoptive parents' parental rights are terminated. 11) The child dies. i) Appeal of Department Decisions Adoptive and potential adoptive parents may request an appeal and a fair hearing, if challenging one of the following Department decisions in accordance with 89 Ill. Adm. Code 337, (Service Appeal Process): 1) theThe Department failed to advise the potential adoptive parents about the availability of adoption assistance to children or youth for whichunder the care of the Department is legally responsible; 2) theThe adoptive parents disagree with the Department's determination that a child or youth is ineligible for adoption assistance; 3) theThe Department's denial of titleTitle IV-E adoption assistance eligibility to a child or youth for whom it is not legally responsibledoes not have placement and care responsibility; 4) inactionInaction on the part of the Department on a titleTitle IV-E adoption assistance eligibility determination request; 5) adoptionAdoption assistance or a specific component of adoption assistance was denied based upon the "means test" of the adoptive family; 6) relevantRelevant facts regarding the child or youth were known by the Department and were not presented to the potential adoptive parents prior to the finalization of the adoption; 7) theThe Department denies the adoptive parents request to modify the adoption assistance agreement due to a change in the adoptive parent's circumstances; or 8) anAn adoption assistance agreement has been amended, suspended, or terminated, or decreased in the assistance amount without the concurrence of the adoptive parent. j) For each year the Department is deemed incentive-eligible for adoption incentive payments it shall: 1) have in place an approved State Plan for the fiscal year; 2) provide health insurance coverage to any child or youth with special needs who is the subject of an executed adoption assistance agreement; 3) and provide data to the Social Security Administration regarding the determination of rates related adoption incentive payments. (Source: Amended at 50 Ill. Reg. ______, effective ____________) Section 302.360 Health Care Services The Department will provide healthHealth care services are provided to children or youth for whom the Department is legallyhas legal responsibility and are in foster care.who are receiving placement services. Children and youth for whom the Department is legally responsible are usuallyUsually children in placement have been determined to be eligible for the Medical Assistance Programs (89 Ill. Adm. Code 120)provided through the Illinois Department of Public Aid. The Department of Children and Family Services shall pay for the medical care of children and youth in carein placement for whom the Departmentit is legally responsible, but and who are not eligible for the Medical Assistance Programsprogram and who do not have resources to pay for medical care. (Source: Amended at 50 Ill. Reg. ______, effective ____________) Section 302.390 Behavioral Health Services a) Behavioral health services are available to all children and youth for whom the Department is legally responsiblehas placement and care responsibility. b) The child or youth'schild's behavioral health needs shall be assessed when: 1) as the child or youth enters care; as a part of the integrated assessment and on an ongoing basis through the Administrative Case Review or through the completion of the Child and Adolescent Needs and Strengths (CANS) assessment tool anytime a change in the level of service is considered. 2) there is an increase in the services provide to the child or youth; 3) requested; and 4) there is an ongoing need. c) The behavioral health services provided shall be based on the child or youth'schild's needs and may be provided at the site of the program, residential facility, foster home, or other appropriate locationplace. The caregiverplacement provider shall assist in arranging for the child or youth to receive the behavioral health services from an outside provider when those services are required to meet the child or youth'schild's clinical needs. d) Behavioral health services include, but are not limited to: 1) Assessment. This meansis the evaluation of an individual's development, behavior, intellect, interests, personality, cognitive processes, emotional functioning and/or social functioning, for the purpose of identifying needs and developing recommendations for services and/or interventionsintervention. Assessment methods include interviewing, systematic observation, and/or psychometric testing. 2) Evidence-based interventions.treatments, sometimes referred to as empirically validated treatments or empirically supported therapy, These are clinical practices which arethat have been clearly described and are supported by scientific research and evidence. 3) Psychosocial rehabilitation. This service addresses the specific needs of persons who have a severe mental illness or psychiatric disability. The broad goals of psychosocial rehabilitation are to improve the childchild's or youth's skills and functioning and to develop the environmental supports necessary to maintain the child or youth in a foster home, school, and the community. 4) Specialized foster care. This is a foster care or adoptive home in which specialized services are provided to meet the emotional, behavioral, developmental or medical needs of a child or youth placed in the home. SpecializedChildren in specialized foster care may includerequire a wheel chair or a feeding tube, services to addresshave a severe visual or speech impairmentsimpairment, or services to addresshave disorders such as compulsive behaviors, mental retardation, substance abuse problems, or a mental illness. 5) Transition planning services. This includes are the assessments, activities, and support services needed to assist an adolescent in preparinghis or her preparation for self-sufficiency in adulthood. Transition planning services begin when the youth is age 14½ years and continues until the youth is discharged from DCFSthe guardianship of DCFS. 6) Transition planning services. Forfor youth who have a developmental disability the planning services shall be based on an assessment of cognitive functioning, adaptive functioning and capacity for independent living. Skill areas may include personal care, food preparation, safety precautions, use of public transportation, money management and vocational interests and abilities. 7) Integrated assessment. This assessment (IA) is a comprehensive interview and standardized clinical screening process with children or youth,and their parents, or /guardians, which is conducted immediately following the child or youth'schild's removal from the home. The purpose of this assessment is early evaluation of the child or youth'schild's developmental, medical, educational, social-emotional, and mental health functioning and needs, to assess the child's response to trauma and to develop recommendations for services and interventions that support the child or youth'schild's need for safety, well-being and permanency. 8) Early intervention. This service (EI) means the developmental/educational, social and health services provided to infants and toddlers (0 to 3 year of age) designed to maximize their development. Early intervention services include such services as speech and language services, occupational therapy, physical therapy, medical/health services, and psychological and social work services, Early intervention services are provided to children who are developmentally delayed, have conditions DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS that typically result in delay, or are at risk of substantial developmental delay. 9) Mental health services. These are treatment services for developmental, behavioral, emotional and mental disorders that may affect children or youth and interfere with normal development and functioning. Mental health services include, but are not limited to, examination, diagnosis, evaluation, treatment, pharmaceuticals and aftercare. A) Screening of children or youth for whom the Department is legally responsible who are at risk for psychiatric hospitalization shall be provided in accordance with 59 Ill. Adm. Code 131 (Children's Mental Health Screening, Assessment and Support Services Program)(Children's Program), and shall be based on a referral to the State's Crisis and Referral Entry Service (CARES) (see 59 Ill. Adm. Code 131.30 and 131.40131.20). B) Community mental health services for children or youth for whom the Department is legally responsible shall be provided in accordance with 59 Ill. Adm. Code 132 (Community Mental Health Services ProgramMedicaid Community Mental Health Services Program). These services shall be provided by entities certified by the Department, the Department of Human Services, or the Department of Corrections to provide mental health services and that are enrolled providers in the Illinois Medical Assistance Programs (see program pursuant to 89 Ill. Adm. Code 120). 10) The Department's Early Childhood Program conducts developmental and social-emotional screenings of children in foster care, birth to age five years, to assess developmental, social-emotional and/or mental health needs. Early childhood intervention provides support to caregivers to promote the child's development in key domains such as communication, attachment and mobility, to promote the child's coping and confidence, and to prevent the emergence of future problems. 11) Substance abuse services. These activities are activities that are designed to reduce, defer or eliminate substance abuse and/or chemical dependency through the use of prevention, treatment and ongoing recovery programs. Services provided by the Department include screening, referral, DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS treatment, drug-testing and aftercare. Substance abuse services are available to children and adults. 12) Child and Adolescent Needs and Strengths Assessment. The (CANS) is an inventory that is used byuniversally within the Department to evaluate a child or youth'schild's functioning and strengths in multiple domains. The CANS tool does not provide a clinical diagnosis, but rather a focus for treatment. The CANS is completed during the initial placementthe integrated assessment and at specified junctures during the childchild's or youth's time in care. 13) Trauma treatment. This service is comprised of a variety of therapeutic services and interventions, including the type of placement, that are provided within a Trauma-Informed System that recognizes that most children or youth in the child welfare system have been exposed to significant traumatic experiences and require a broad range of individual and community supports and behavioral health services. Trauma services provided by the Department are evidence-based and have been proven to facilitate recovery from trauma. (Source: Amended at 50 Ill. Reg. ______, effective ____________) SUBPART E: PREVENTION SERVICES Section 302.600 Purpose The purpose of this subpart is to describe Prevention Services that support families in creating safe, stable, and nurturing environments while promoting the well-being of children, youth, and families. (Source: Added at 50 Ill. Reg. ______, effective ____________) Section 302.610 Department Prevention Services a) Prevention services provide support and resources to identified children and families to promote safety, well-being, or stability in the home, by strengthening caregiver protective capacities, addressing trauma, and addressing family needs. Families are identified for prevention services by a report of alleged abuse, maltreatment, or neglect, referrals for services, or requesting services directly. DEPARTMENT OF CHILDREN AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS b) The following definitions shall apply to this Section and are specific to the provision of prevention services by the Department: "Evidence-based Interventions (EBI)" are strategies, programs, or practices, that have been rigorously tested and proven effective through research. "Evidence-informed Interventions (EII)" are strategies, programs, or practices that incorporate the best available research, professional expertise, and the values, needs, and preferences of those being served. "Prevention" refers to strategies, programs, or practices designed to reduce the risk of abuse, maltreatment, or family disruption, including minimizing harm and risk of recurrence. "Trauma-informed" means services or programs provided under a framework that understands, recognizes, and responds to trauma to address its effects and support healing. (See 42 U.S.C. 671(e)(4)(B)) "Well-being" encompasses five domains: physical health and safety; education and cognitive health; social, emotional, and mental health; economic security; and racial and ethnic equity, which lead to overall health, happiness, and prosperity, encompassing various aspects of an individual's life. c) The array of services and interventions for children, youth, and families shall be trauma-informed and evidence-based or evidence-informed. These services and interventions may include, but are not limited to: 1) Services and interventions that enhance the safety and well-being of children and youth by providing and increasing parental resilience, enhancing the social connections, increasing knowledge of parenting and child development, providing concrete supports, building social and emotional competence, and increasing healthy parent-child relationships. 2) Services and interventions designed to provide short-term voluntary services intending to make reasonable efforts to stabilize, strengthen, enhance, and preserve family life enabling children and youth to remain safely in the family home. 3) Services and interventions provided on an emergency or situational crisis basis designed to prevent the child or youth's removal from the family home and are designed to meet the basic needs of the child, youth, and family that would prevent removal. 4) Services and interventions that support families through referrals to community-based organizations, connecting them to essential resources, and other critical services that promote family stability and well-being. (Source: Added at 50 Ill. Reg. ______, effective ____________) Section 302.620 Family First Prevention Services Act Requirements The Department will implement the Family First Prevention Services Act requirements by providing prevention services and programs as described in this subpart and set forth below. a) The following definitions shall apply to this Section and are specific to the Family First Prevention Services Act requirements: "Child or youth who is a candidate for foster care" means a child or youth who is identified in a prevention plan as being at imminent risk for entering foster care (without regard to whether the child or youth would be eligible for foster care maintenance payments, adoption assistance or kinship guardianship assistance payments) but who can remain safely in the family's home or a kinship placement, as long as the Department provides prevention services or programs necessary to prevent entry into foster care. The term includes a child or youth whose adoption or guardianship arrangement is at risk of a disruption or dissolution resulting in a foster care placement. (See 42 U.S.C. 675(13)). "Prevention plan" means a written plan that is developed for a child or youth who is a candidate for foster care, a youth in foster care who is pregnant, or who is parenting their own children. The plan shall specify the foster care prevention strategy to ensure the child or youth remains safely at home, identify the services or programs to be provided, and be reviewed to reflect the child's or youth's current needs and risks of entering foster care. (See 42 U.S.C. 671(e)(4)(A)). b) The Department will provide prevention services and programs that shall include, but are not limited to, the following: 1) Mental health and substance abuse prevention and treatment services; and 2) In-home parent skill-based programs. (42 U.S.C. 671(e)(1)). c) Prevention services and programs shall be provide to the following eligible populations: 1) A child or youth who is a candidate for foster care and their families; 2) A youth in foster care who is pregnant; and 3) A youth in foster care who is parenting their own children (42 U.S.C. 671(e)(2)). d) The Department will maintain a written prevention plan for each child and youth receiving services (42 U.S.C. 671(e)(4)(A)). e) The Department will ensure all prevention services and programs are trauma- informed (42 U.S.C. 671(a)(4)(B)). f) Prevention services and programs provided by the Department will meet evidence-based standards set out in Section 671 of the Social Security Act. (42 U.S.C. 671(e)(4)(C). g) The Department will collect and report on the services and programs provided, expenditures, duration, and placement status for all children and youth receiving prevention services (42 U.S.C. 671(e)(4)(E)). (Source: Added at 50 Ill. Reg. ______, effective ____________) ELEVATOR SAFETY REVIEW BOARD NOTICE OF PROPOSED AMENDMENTS