WeVote
Log In

Bill

Bill

HB 3636

JUV CT-FAMILY SUPPORT PROGRAM

104th Regular Session Introduced by Camille Lilly and 1 co-sponsor

The bill speeds access to publicly funded Family Support Program services and requires a 14-day court hearing to decide custody or return with services, prioritizing reunification

0
WeVote Research Nonpartisan
Bill Summary · HB 3636

Summary — HB 3636 (Juvenile Court Act: Family Support Program)

Status: House Floor Amendment No. 1 (Rule 19(c)) — Re‑referred to Rules Committee
Introduced: Feb 18, 2025 (Rep. Lindsey LaPointe); Chief Sponsor changed to Rep. Suzanne M. Ness
Statute amended: Juvenile Court Act of 1987, Section 2-4b (705 ILCS 405/2-4b)
Companion: SB 1666

Main purpose

HB 3636 directs courts and state agencies to expedite eligibility review and prompt judicial consideration of publicly funded Family Support Program services for minors who come into Department of Children and Family Services (DCFS) custody/guardianship after being left at a psychiatric hospital beyond medical necessity. The bill is intended to make removal a last resort for youth with complex behavioral/mental health needs when publicly funded community or residential services are becoming available.

Key provisions

  • Clarifies purpose: prioritizes returning minors to parental custody where appropriate and where publicly funded services are available, unless abuse/neglect (unrelated to psychiatric lockout) is alleged.
  • Continuation/expedited review: if a guardian’s application for the Family Support Program (publicly funded community or residential services) is pending or under active review at the time a DCFS petition is filed (based on being left at a psychiatric hospital beyond medical necessity), the application must be expedited.
  • Prompt hearing requirement: if review determines the minor is eligible and services are available, the court must hold a hearing within 14 days after all parties are notified that services are approved and available.
  • At the hearing the court must decide:
    • For minors in temporary custody: whether there is urgent and immediate necessity to continue DCFS custody (per §2‑10(9)) or vacate custody and return the minor to the respondent with services in place.
    • For minors in DCFS guardianship: whether the respondent is fit, willing, and able to care for the minor and whether returning custody serves the minor’s best interest.
  • Fiscal responsibility: if the court vacates DCFS custody/guardianship and returns the minor with Family Support Services, the State agency responsible for those services (Department of Healthcare and Family Services) becomes fiscally responsible for providing them. If DCFS custody continues, DCFS remains fiscally responsible and Family Support Services are declined for the minor.
  • Exceptions: the section does not apply where abuse or neglect (other than psychiatric lockout) is alleged and the respondent is the perpetrator (including specified time-based limitations), or where the court has already adjudicated the minor abused or neglected on other grounds.

Who is affected

  • Minors placed into DCFS custody/guardianship under Article II based on being left at psychiatric hospitals beyond medical necessity.
  • Their parents/guardians (respondents) and family support service applicants.
  • DCFS (custody/guardianship decisions and fiscal responsibility).
  • Department of Healthcare and Family Services (HFS) as administrator/funder of Family Support Program services.
  • Juvenile courts (new hearing timeline and decision factors).

Procedural/timeline notes

  • Hearing required within 14 days after notification that services are approved and available.
  • Bill moved through Adoption & Child Welfare Committee (reported favorably) and has been the subject of a House Floor amendment (House Amendment 001). Current status shows re‑referral to the Rules Committee.

Potential impact

The bill is designed to reduce prolonged foster custody for youth who primarily need mental health/behavioral treatment by enabling faster access to publicly funded community/residential supports and judicial review focused on reunification when appropriate. It reallocates fiscal responsibility when custody is vacated and may change DCFS caseload/composition for psychiatric lockouts.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.