EXTENDED RESIDENTIAL DD SRVCES

104th Regular Session Introduced by Barbara Hernandez and 2 co-sponsors

Allows licensed care facilities to request age waivers so youth with developmental disabilities can continue residential services beyond age 22, with rate parity and protections.

Added Co-Sponsor Rep. Aarón M. Ortíz

Summary — HB 3088 (Extended Residential Developmental Disability Services)

Status: Enacted (filed without Governor’s signature 6/20/2025); Effective date: 9/1/2025
Statute amended: Adds Section 5.36 to the Children and Family Services Act (20 ILCS 505/5.36 new)
Introduced by: Rep. Anna Moeller (filed Feb 2025). Co-sponsors: Rep. Barbara Hernandez, Rep. Michelle Mussman, Rep. Aarón M. Ortíz.

Purpose

HB 3088 authorizes a process for licensed child-care institutions and group homes that provide residential developmental disability services to request an age waiver so that youth who would otherwise age out at 22 may continue to receive residential developmental disability services at the same facility beyond their 22nd birthday. The intent is to provide continuity of services and clarify regulatory and payment treatment for extended stays.

Key provisions

Agencies required to act:

The Illinois Department of Children and Family Services (DCFS) and the Department of Human Services (DHS), Division of Developmental Disabilities, must adopt rules implementing the waiver process.

Waiver application framework:

Rules must specify waiver application requirements, renewal procedures, and criteria a youth must meet to qualify for extended residential developmental disability services.
Waivers are requested by the licensed child care institution or group home that is providing the residential services.

Regulatory protection:

A licensed facility that receives Department approval for its waiver application shall not be issued notices of violation or citations for providing extended services to a youth within the terms of the approved waiver.

Payment parity:

DHS (Division of Developmental Disabilities) and DCFS must ensure that rates for services provided under an approved age waiver are on parity with rates paid for residential developmental disability services furnished to youth under 22.

Service level protection:

The law specifies that nothing in the new section may be construed to reduce the level or type of services and supports provided to a youth beyond their 22nd birthday under an approved waiver.

Who is affected

Youth with developmental disabilities approaching or past their 22nd birthday who currently reside in licensed child-care institutions or group homes.

Licensed child-care institutions and group homes providing residential developmental disability services (must apply and comply with waiver rules).

DCFS and DHS (Division of Developmental Disabilities) — responsible for promulgating rules, approving waivers, and ensuring rate parity.

Procedural/timeline notes

Bill passed both chambers in May 2025, was sent to the Governor 5/26/2025, and was filed without the Governor’s signature on 6/20/2025.

Effective date: September 1, 2025.

Agencies will need to adopt administrative rules implementing the waiver process before waivers can be issued and operationalized.