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Illinois General Assembly· SB 324Governor Approved

CHILDREN-TECH, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB0324 Enrolled                      LRB104 06444 KTG 16480 b

1  AN ACT concerning children.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The Juvenile Court Act of 1987 is amended by

5 changing Section 2-4b as follows:

6  (705 ILCS 405/2-4b)

7  Sec. 2-4b. Publicly funded community and residential

8 Family Support Program services; hearing.

9  (a) The purpose of this Section is to ensure that minors

10 who come to the attention of the court because they need

11 treatment for complex behavioral and mental health needs are

12 removed from the custody of their parents only as a last resort

13 unless abuse or neglect is alleged, based upon facts other

14 than the minor was left at a psychiatric hospital beyond

15 medical necessity. If the respondent was in the process of

16 attempting to obtain publicly funded services before the minor

17 comes to the court's attention and those services become

18 available, this Section will allow the court (i) to determine

19 whether the parent is able to address all of the minor's needs

20 without the minor being placed in or continuing in the custody

21 or guardianship of the Department and (ii) to consider whether

22 the minor should be returned to the respondent with such

23 services in place, consistent with the minor's best interest.
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1   Any minor who is placed in the custody or guardianship of

2 the Department of Children and Family Services under Article

3 II of this Act on the basis of a petition alleging that the

4 minor is neglected or dependent because the minor was left at a

5 psychiatric hospital beyond medical necessity, and for whom an

6 eligibility determination for publicly funded community or

7 residential services is pending or under active review

8 application for the Family Support Program was pending with

9 the Department of Healthcare and Family Services or an active

10 application was being reviewed by the Department of Healthcare

11 and Family Services at the time the petition was filed, shall

12 be able to continue with the eligibility determination process

13 for such publicly funded community or residential continue to

14 be considered eligible for services if all other eligibility

15 criteria are met.

16  (b) If the minor is determined eligible for publicly

17 funded community or residential services and the necessary

18 publicly funded community or residential services are

19 available for the minor, the The court shall conduct a hearing

20 within 14 days upon notification to all parties:

21  (1) For minors in the temporary custody of the

22  Department, the court shall determine whether urgent and

23  immediate necessity exists pursuant to paragraph (9) of

24  Section 2-10 to continue the minor in the custody of the

25  Department and whether the Department's custody of the

26  minor should be vacated.
    SB0324 Enrolled  -3-       LRB104 06444 KTG 16480 b

1   (2) For minors in the guardianship of the Department,

2   the court shall determine whether the respondent is fit,

3   willing, and able to care for the minor and whether it is

4   in the minor's best interest to return to the custody of

5   the respondent. that an application for the Family Support

6   Program services has been approved and services are

7   available. At the hearing, the court shall determine

8   whether to vacate the custody or guardianship of the

9   Department of Children and Family Services and return the

10  minor to the custody of the respondent with Family Support

11  Program services or whether the minor shall continue to be

12  in the custody or guardianship of the Department of

13  Children and Family Services and decline the Family

14  Support Program services.

15  In making its determination pursuant to paragraphs (1) and

16 (2), the court shall consider the minor's best interest, the

17 availability of publicly funded community or residential

18 services for the minor, the involvement of the respondent in

19 proceedings under this Act, the involvement of the respondent

20 in the minor's treatment, the relationship between the minor

21 and the respondent, whether placement of the minor in the

22 custody of the Department is the least restrictive means to

23 support the minor and the minor's relationship with the

24 respondent, and any other factor the court deems relevant.

25  (b-1) If the court vacates the Department's temporary

26 custody of the minor pursuant to paragraph (1) of subsection
    SB0324 Enrolled   -4-  LRB104 06444 KTG 16480 b

1 (b) and Section 2-10, or vacates the Department's or

2 guardianship of the minor pursuant paragraph (2) of subsection

3 (b) or Section 2-23 Department of Children and Family Services

4 and returns the minor to the custody and guardianship of the

5 respondent with publicly funded community or residential

6 services, the State agency affiliated with the services Family

7 Support Services, the Department of Healthcare and Family

8 Services shall become fiscally responsible for providing

9 services to the minor. If the court determines that the minor

10 shall continue in the custody of the Department of Children

11 and Family Services, the Department of Children and Family

12 Services shall remain fiscally responsible for providing

13 services to the minor, the Family Support Services shall be

14 declined, and the minor shall no longer be eligible for Family

15 Support Services.

16  (c) This Section does not apply to a minor:

17  (1) a minor for whom the court has not yet completed an

18  adjudicatory hearing and for whom a petition has been

19  filed under this Act alleging that the minor is a an abused

20  or neglected minor, other than a minor left at a

21  psychiatric hospital beyond medical necessity, or an

22  abused minor;

23  (2) a minor who for whom the court has adjudicated

24  under this Act as either (i) a neglected minor, unless the

25  primary basis for the finding is that the respondent left

26  the minor at a psychiatric hospital beyond medical
   SB0324 Enrolled  -5-                LRB104 06444 KTG 16480 b

1  necessity, or (ii) an abused minor made a finding that the

2  minor is an abused or neglected minor under this Act; or

3  (3) a minor who is in the temporary custody of the

4  Department of Children and Family Services and the minor

5  has been the subject of an indicated allegation of abuse

6  or neglect, other than for psychiatric lockout, where a

7  respondent was the perpetrator within 5 years of the

8  filing of the pending petition.

9 (Source: P.A. 103-22, eff. 8-8-23.)
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