20 ILCS 4133/ Family Recovery Plans Implementation Task Force Act.

(20 ILCS 4133/1)

(Section scheduled to be repealed on January 1, 2027)

Sec. 1. Short title. This Act may be cited as the Family Recovery Plans Implementation Task Force Act.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/5)

(Section scheduled to be repealed on January 1, 2027)

Sec. 5. Purpose and policy. It is the policy of this State to serve and advance the best interests and secure the safety and well-being of an infant with prenatal substance exposure, while preserving the family unit whenever the safety of the infant is not jeopardized.

It is the intent of the General Assembly to require a coordinated, public health, and service-integrated response by various agencies within this State's health and child welfare systems to address the substance use treatment needs of infants born with prenatal substance exposure, as well as the treatment needs of their caregivers and families, by requiring the development, provision, and monitoring of family recovery plans.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/10)

(Section scheduled to be repealed on January 1, 2027)

Sec. 10. Findings. The General Assembly finds the following:

(1) During pregnancy, substance use is a leading cause of maternal death and is associated with poor birth outcomes, including fetal growth restriction, fetal death, and preterm labor.

(2) Pregnant people with substance use disorders are less likely to seek treatment or report substance use due to fear of criminalization, shame, and judgment; they may also avoid seeking care within the health care system due to fear of being reported to the child welfare system and subsequent removal of their children.

(3) The American College of Obstetrics and Gynecologists and the Illinois Perinatal Quality Collaborative recommend identifying pregnant people with substance use disorders through universal self-reporting screening, brief intervention, and referral to specialized care for treatment.

(4) Pregnant and parenting individuals with a substance use disorder should be encouraged to receive evidence-based treatment and not suffer punitive actions for starting or continuing treatment, including when medications for opioid use disorder are part of the treatment protocol.

(5) There is a pressing need for increasing access to evidence-based treatment for substance use disorders and supportive care for families, including the appropriate use of family needs assessments and family recovery plans.

(6) The cooperation and coordination of supportive services for pregnant, peripartum, and postpartum individuals and families are essential to help newborns and children and to encourage and support treatment, recovery, and a safe and healthy environment for children and the family.

(7) There is a need for a coordinated, public health, and service-integrated response by various agencies in this State's health and child welfare systems to work together to ensure the safety and well-being of infants with prenatal substance exposure and pregnant and birthing people with substance use disorders by developing, implementing, and monitoring a family recovery plan approach that addresses the health and substance use treatment and recovery needs of the infant and affected family or caregiver.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/15)

(Section scheduled to be repealed on January 1, 2027)

Sec. 15. Composition. The Family Recovery Plan Implementation Task Force is created within the Department of Human Services and shall consist of members appointed as follows:

(1) The President of the Senate, or his or her designee, shall appoint: one member of the Senate; one member representing a statewide organization that advocates on behalf of community-based services for children and families; and one member from a statewide organization representing a majority of hospitals.

(2) The Senate Minority Leader, or his or her designee, shall appoint: one member of the Senate; one member from an organization conducting quality improvement initiatives to improve perinatal health; one member with relevant lived experience, as recommended by a reproductive justice advocacy organization with expertise in perinatal and infant health and birth equity.

(3) The Speaker of the House of Representatives, or his or her designee, shall appoint: one member of the House of Representatives; one member who is a licensed obstetrician-gynecologist, as recommended by a statewide organization representing obstetricians and gynecologists; one member with relevant lived experience, as recommended by a reproductive justice advocacy organization with expertise in perinatal and infant health and birth equity.

(4) The House Minority Leader, or his or her designee, shall appoint: one member of the House of Representatives; one member who is a licensed physician specializing in child abuse and neglect, as recommended by a statewide organization representing pediatricians; and one member who is a licensed physician specializing in perinatal substance use disorder treatment, as recommended by a statewide organization representing physicians.

(5) The Director of Children and Family Services, or the Director's designee.

(6) The exclusive collective bargaining representative of the majority of front-line employees at the Department of Children and Family Services, or the representative's designee.

(7) The Secretary of Human Services, or the Secretary's designee.

(8) The Director of Public Health, or the Director's designee.

(9) The Cook County Public Guardian, or the Cook County Public Guardian's designee.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/20)

(Section scheduled to be repealed on January 1, 2027)

Sec. 20. Meetings; co-chairs; administrative support. All members appointed under Section 15 shall serve without compensation. Task Force members shall be appointed within 60 days after the effective date of this Act. The Task Force shall hold its initial meetings within 90 days after the effective date of this Act. The Task Force shall meet at least 4 times a year. A majority of the members of the Task Force shall constitute a quorum. Two legislators appointed to the Task Force shall be elected by members of the Task Force to serve as co-chairs. The Department of Human Services shall provide staff and any necessary administrative and other support to the Task Force. Any data provided by the Departments of Children and Family Services, Human Services, and Public Health to the Task Force shall not contain any personally identifiable information of any clients or families in accordance with applicable confidentiality laws. The Departments shall facilitate the prompt and timely collection and provision of data as requested by or on behalf of the Task Force.

The Task Force shall consult with an organization that provides technical assistance or implementation support to State child welfare systems to develop and implement the family recovery plans requirement of the federal Child Abuse and Prevention Treatment Act. The Task Force may coordinate with existing committees or workgroups currently engaged in the development and implementation of family recovery plan requirements of the federal Child Abuse and Prevention Treatment Act.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/25)

(Section scheduled to be repealed on January 1, 2027)

Sec. 25. Duties. The Task Force shall:

(1) review models of family recovery plans that have been implemented in other states;

(2) review research regarding implementation of family recovery plans care;

(3) develop recommendations regarding the implementation of a family recovery plan model in Illinois, including developing implementation, monitoring, and reporting plans and identifying any necessary policy, rule, or statutory changes, and identifying any additional healthcare service coverage and reimbursement that would facilitate access to care;

(4) review and develop recommendations to replace punitive policies with notification policies requiring health care professionals to notify the Department of Children and Family Services in accordance with Section 7 of the Abused and Neglected Child Reporting Act and Section 106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment Act (Public Law 93-247) based solely on a positive toxicology screen of the newborn;

(5) solicit feedback from stakeholders and advocates to inform Task Force recommendations as necessary, including soliciting feedback from members with experience working in a hospital with licensed obstetrical beds and members with experience from a small and rural or critical access hospital with licensed obstetrical beds.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/30)

(Section scheduled to be repealed on January 1, 2027)

Sec. 30. Report. The Task Force shall produce and submit its recommendations to the General Assembly and the Governor within one year after the first meeting of the Task Force.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/35)

(Section scheduled to be repealed on January 1, 2027)

Sec. 35. Repeal. The Task Force is dissolved, and this Act is repealed on, January 1, 2027.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/110)

Sec. 110. The Abused and Neglected Child Reporting Act is amended by repealing Section 4.4.

(Source: P.A. 103-941, eff. 8-9-24.)

(20 ILCS 4133/120)

Sec. 120. (Amendatory provisions; text omitted).

(Source: P.A. 103-941, eff. 1-1-25; text omitted.)

(20 ILCS 4133/999)

(Section scheduled to be repealed on January 1, 2027)

Sec. 999. Effective date. This Section, Sections 1 through 35, and Section 110 take effect upon becoming law.

(Source: P.A. 103-941, eff. 8-9-24.)