405 ILCS 165/10

(405 ILCS 165/10)

Sec. 10. Interagency agreement. In order to establish the Interagency Children's Behavioral Health Services Team, within 90 days after the effective date of this Act, the Department of Children of Family Services, the Department of Human Services, the Department of Healthcare and Family Services, the Illinois State Board of Education, the Department of Juvenile Justice, and the Department of Public Health shall enter into an interagency agreement for the purpose of establishing the roles and responsibilities of each participating agency.

The interagency agreement, among other things, shall address all of the following:

(1) Require each participating agency to assign staff to the Interagency Children's Behavioral Health Services Team who have operational knowledge of and decision-making authority over the agency's children's behavioral health programs and services.

(2) Set criteria to identify children whose cases will be presented to the Interagency Children's Behavioral Health Services Team for prioritized review. Criteria shall include, but not be limited to:

(A) the length of time the child has been clinically approved for residential services through existing funding streams but has not been admitted to an appropriate program;

(B) the length of time the child has been in a hospital emergency department or medical unit seeking inpatient treatment for psychiatric or behavioral health emergency;

(C) the length of time the child has been in a psychiatric or general acute care hospital for inpatient psychiatric treatment beyond medical necessity;

(D) the risk of being taken into the custody of the Department of Children and Family Services in the absence of abuse or neglect as defined by the Abused and Neglected Child Reporting Act or the Juvenile Court Act of 1987 for the sole purpose of obtaining behavioral health services or residential treatment;

(E) other circumstances that require enhanced interagency collaboration to find appropriate services for the child.

(3) Require each agency, or its designee, to present each identified child's clinical case, to the extent permitted by State and federal law, to the Interagency Children's Behavioral Health Services Team during regular team meetings to outline the child's needs and to determine if any of the participating agencies have residential or other supportive services that may be available for the child to ensure that the child receives appropriate treatment, including residential treatment if necessary, as soon as possible.

(4) Require the Community and Residential Services Authority to notify the Interagency Children's Behavioral Health Services Team of any child that has been referred for services who meet the criteria set forth in paragraph (2) and to present the clinical cases for the child to the interagency team to determine if any agency program can assist the child.

(5) Require the participating agencies to develop a quarterly analysis, to be submitted to the General Assembly, the Governor's Office, and the Community and Residential Services Authority including the following information, to the extent permitted by State and federal law:

(A) the number of children presented to the team;

(B) the children's clinical presentations that required enhanced agency collaboration;

(C) the types of services including residential treatment that were needed to appropriately support the aggregate needs of children presented;

(D) the timeframe it took to find placement or appropriate services; and

(E) any other data or information the Interagency Children's Behavioral Health Services Team deems appropriate.

All information collected, shared, or stored pursuant to this Section shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Mental Health and Developmental Disabilities Confidentiality Act.

Nothing in this Section shall be construed or applied in a manner that would conflict with, diminish, or infringe upon, any State agency's obligation to comply fully with requirements imposed under a court order or State or federal consent decree applicable to that agency.

(Source: P.A. 103-546, eff. 8-11-23.)