IL SB0850

Department of Children and Family Services must develop rules establishing criteria for voluntary out-of-home placement of children needing mental health treatment or developmental disability services, including parent's ability to pay, child's service access, severity of condition, and danger posed to household residents.

Relinquishment of custody is prohibited as a condition for receiving Department services or care.

Voluntary placement requires a written agreement signed by parent or legal guardian specifying that no legal custody transfer or parental rights termination occurs, the child's legal status, and the rights and obligations of parents and guardians.

Juvenile court must make a judicial determination within 180 days that placement is in the child's best interests, with permanency hearings required at 12 months and every 6 months thereafter.

Inability of parents or guardians to care for children with serious mental illness, emotional disturbance, or developmental disability cannot alone constitute abuse or neglect, and reasonable abandonment at medical facilities cannot be the basis for such findings.