Current through Register Vol. 48, No. 38, September 20, 2024
a) Foster care maintenance payments may be
made under this Part only on behalf of a child who has been removed from the
home of a relative into foster care, by voluntary placement agreement or
judicial determination, and meets the AFDC eligibility requirements under
42 U.S.C.
602 and is in the foster family home of an
individual, whether the payments therefor are made to such individual, or to a
public or private child-placement or child-agency, or in a child-care
institution, whether the payments therefor are made to such institution or to a
public or private child-placement or child-care agency, which payments shall be
limited so as to include in such payments only those items which are included
in the term "foster care maintenance payments" as defined in Section
359.2 of this
Part. (42
U.S.C.
672(b)(1)-(2))
b) Payments are made for children for whom
the Department has legal responsibility and their children living with them in
the following types of substitute care living arrangements if the placements
meet the requirements established via the purchase of service contracts and the
applicable licensing rules as specified in 89 Ill. Adm. Code 357, Purchase of
Service, 89 Ill. Adm. Code 401, Licensing Standards for Child Welfare Agencies,
89 Ill. Adm. Code 402, Licensing Standards for Foster Family Homes, 89 Ill.
Adm. Code 403, Licensing Standards for Group Homes, and 89 Ill. Adm. Code 404,
Licensing Standards for Child Care Institutions and Maternity Centers:
1) Foster family care is provided in licensed
foster family homes. The Department recognizes the following types of foster
family care:
A) Specialized foster family
homes and intensive service foster homes receive additional monthly
compensation because they accept children with medical, behavioral and/or
psychological problems or because they accept pregnant girls or young mothers
who are in need of specialized training in parenting skills, child development,
money management, and self sufficiency.
B) Emergency foster homes will be paid a flat
rate for days of service provided or will receive retainer fees to assure that
emergency beds are available 24 hours per day.
C) Department boarding homes are licensed
foster family homes operated by foster parents supervised by the
Department.
D) Private agency
foster homes are licensed foster family homes supervised by licensed child
welfare agencies.
E) Relatives who
choose to be licensed as foster family homes under the provisions of 89 Ill.
Adm. Code 402, Licensing Standards for Foster Family Homes.
2) Relative family care may be
provided by a relative as defined in Section 359.2, living within the State of
Illinois, as follows:
A) If a relative does
not wish to apply for licensure as a foster family home, or has submitted an
application for licensure and the application is pending, or has applied for
licensure and been denied, the relative may provide care to children for whom
the Department is legally responsible as long as the relative family home
continues to meet the conditions in 89 Ill. Adm. Code
301.80, Placement and Visitation
Services.
B) For children for whom
the Department is legally responsible who are residing in a home described in
subsection (b)(2)(A), the Department will pay for the related children placed
with the relative caregiver at the child only standard of need established by
the Illinois Department of Human Services.
3) Relative family care may also be provided
to relatives living out of the State of Illinois. If a relative living in
another state is providing care for a child for whom the Department is legally
responsible, the relative will receive the full foster care rate if the
relative submits documentation to the Department within 120 days after
placement of the child that they are licensed, approved or certified in
accordance with the other state's standard for licensing, approving or
certifying foster homes. If documentation is not submitted, the Department will
reduce the payment to the child only standard of need established for that
number of children by the Illinois Department of Human Services. If, at a
future date, the relative submits documentation to the Department that they are
licensed, approved or certified in accordance with the other state's standard
for foster homes, the payment will be increased to the full foster care
rate.
4) Institution and group home
care is provided in licensed institutions and group homes. Rates are
established for these facilities via a purchase of service contract with the
Department.
5) Subsidized adoptive
homes are adoptive homes to which the Department provides financial assistance
when a special needs child for whom the Department was legally responsible is
adopted.
A) The types of adoption assistance
that may be provided include:
i) one-time only
payments of non-recurring expenses incurred by or on behalf of the adoptive
parents in connection with the adoption of a special needs child up to a
maximum of $1500 for each adopted child;
ii) payment for physical, emotional and
mental health needs not wholly payable through insurance or other public
resources that are associated with or result from a condition(s) whose onset
has been established as occurring prior to the completion of the
adoption;
iii) ongoing monthly
payments in an amount determined in each case by the Department in accordance
with 89 Ill. Adm. Code 302, Services Delivered by the Department and Section
302.310, Adoption Assistance
Agreements. The duration of adoption assistance may not extend beyond 18 years
of age, although adoption assistance may be provided at the Department's option
until the child's 21st birthday if the child has a
physical disability, developmental disability, or mental illness that warrants
the continuation of assistance.
B) The purpose, amount, and duration of the
adoption assistance will be mutually agreed to by the Department and the
adopting parents prior to completion of the adoption in the form of a written
agreement. The amount of financial assistance shall be less than the cost of
maintaining the child in an appropriate foster family home. Special service
fees shall cost no more than such services would cost the Department.
C) The Department shall review with the
adoptive parent or parents the continuing needs of the child for adoption
assistance every two years or more frequently, based on changes in the
circumstances of the adoptive parent or parents and the needs of the child
being adopted. The adoptive parent or parents shall renew the adoption
assistance agreement every two years prior to the anniversary date of the
finalization of the adoption.
6) Related services are not substitute care
services but are provided to enhance the care provided to children who require
substitute care services.
A) In an effort to
upgrade the quality of foster family care, the Department may pay for foster
parent training and costs associated with training. These payments are provided
as funding allows.
B) Permanent
planning and adoption contracts may be negotiated with licensed child welfare
agencies. These contracts are negotiated to develop plans for children in
substitute care and to secure adoptive resources for special needs
children.
