Rep. Terra Costa Howard

Amends the Abused, Neglected, or Dependent Minors Article of the Juvenile Court Act of 1987. Provides that if the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision. Provides that if a motion is filed to modify or vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination. Provides that whenever a petition is filed to reinstate wardship, prior to granting the petition, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the petition to assist the court in making that determination. Effective immediately.

Amends the Illinois Marriage and Dissolution of Marriage Act. Allows either party to petition or move for an allowance from the other party for a retainer fee to obtain an attorney, accompanied by a financial affidavit that is supported by documentary evidence, and a certificate stating that if an allowance is granted, the party shall only use it for retaining an attorney. Provides that the court shall review the financial affidavit and, if appropriate, grant an allowance to the party for a retainer fee. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Allows either party to petition or move for an allowance from the other party for a retainer fee to obtain an attorney. Requires the petition to identify the attorney to be retained and be accompanied by specified documents. Provides that all awards shall be paid directly to the identified attorney. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Includes an allowance from the other party for a retainer fee to obtain an attorney in the definitions of "interim attorney's fees and costs" and "interim award". Provides that a petition for interim fees that seeks an order for the payment of an initial retainer to retain an attorney shall have attached to it an affidavit from the attorney to be retained that the attorney has been contacted by the moving party and the attorney has agreed to enter an appearance if the court grants the relief requested, together with a certificate from the moving party that the interim fees granted will only be used by the moving party to retain the attorney. Requires any interim fees granted to be paid directly to the identified attorney.

Amends the Bill of Rights for Children. Provides that every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area, when such service is available. Provides that the right may be asserted by the child or the child's parent or guardian informing the investigating personnel at the Department of Children and Family Services or the law enforcement agency that the parent or guardian wants the child to have the child's interview conducted by the children's advocacy center. House Floor Amendment No. 1 Provides that every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area or jurisdiction where the incident(s) occurred, rather than just serving the child's area, when such service is accessible based on the CAC's available resources. Provides that each local CAC protocol will outline a process to address situations in which it is deemed not possible for a forensic interview to occur, to ensure a trauma-informed response with follow up services from the CAC. Effective January 1, 2022.

Amends the Alternative Health Care Delivery Act. In provisions regarding demonstration program requirements, requires there to be 6 (rather than 4) birth center alternative health care models in the demonstration program located in the area comprising Cook, DuPage, Kane, Lake, McHenry, and Will counties, 2 (rather than one) of which shall be owned or operated by a federally qualified health center. Provides that one birth center alternative health care model in the demonstration program shall be located within Planning Area A-3 to address the disparate perinatal and child health outcomes in Planning Area A-3. Provides that birth centers located in Planning Area A-3 or operated by a federally qualified health center are exempt from the requirements of the Illinois Health Facilities Planning Act or successor Acts. Effective immediately. House Floor Amendment No. 2 Provides that there shall be no more than 17 (rather than 12) birth center alternative health care models in the demonstration program. Provides that: 10 (rather than 6) birth center alternative health care models shall be located in the area comprising Cook, DuPage, Kane, Lake, McHenry, and Will counties; 2 birth center alternative health care models shall be located in Planning Area A-2; 2 birth center alternative health care models shall be located in Planning Area A-4; and one birth center alternative health care model shall be located in the City of East St. Louis in Planning Area F-1. Removes language providing that a birth center located in Planning Area A-3 or operated by a federally qualified health center is exempt from the requirements of the Illinois Health Facilities Planning Act or successor Acts.

Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of Human Services when a recipient of services under this Code, whether admitted on a voluntary or involuntary basis, is being discharged from an inpatient facility, shall provide the recipient and the recipient's conservator, guardian, or other legally authorized representative a written aftercare plan prior to the recipient's discharge from the facility. Provides that the written aftercare plan shall include, to the extent known, all of the following components: (1) the nature of the illness and followup required; (2) medications including side effects and dosage schedules; (3) if the recipient was given an informed consent form with his or her medications, the form shall satisfy the requirement for information on side effects of the medications; 4) expected course of recovery; (5) recommendations regarding treatment that is relevant to the recipient's care; (6) referrals to providers of medical and mental health services; and (7) other relevant information. Provides that the recipient shall be advised by facility personnel that he or she may designate another person to receive a copy of the aftercare plan.

Amends the Criminal Code of 2012. Provides that independent of any criminal prosecution or the result of a criminal prosecution, any person suffering injury as a result of a hate crime may bring a civil action for damages, injunction or other appropriate relief if the hate crime was caused by disorderly conduct committed by: (1) transmitting or causing to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed; (2) transmitting or causing to be transmitted in any manner a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public; or (3) calling the number "911" or transmitting or causing to be transmitted in any manner to a public safety agency for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.

Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, and the Illinois Parentage Act of 2015. Provides that the procedures, actions, and remedies in the amended Acts shall not be exclusive, but shall be available in addition to other actions and remedies of support, including remedies provided in specific other Acts. Provides that actions and remedies shall be cumulative and used in conjunction with one another. Provides that actions and remedies shall not require a custody/allocation of parental rights or visitation determination as a prerequisite to a determination of a support obligation. Makes other changes. Effective immediately.

Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for a violation of child pornography when the person possesses any film, videotape, photograph, or other similar visual reproduction or depiction by computer of any child or person with a severe or profound intellectual disability whom the person knows or reasonably should know to be under the age of 18 or to be a person with a severe or profound intellectual disability engaged in sexual activity if the victim is a household or family member of the defendant.

Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an opioid overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if certain conditions are met. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person's pretrial release, probation, furlough, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under the provisions. Effective August 16, 2021. Senate Committee Amendment No. 2 Deletes reference to: New Act Adds reference to: 720 ILCS 570/414 Replaces everything after the enacting clause. Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Amends the Illinois Controlled Substances Act. In a provision concerning overdose and limited immunity, provides that specified violations must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, conditional discharge, a person's pretrial release, or furlough, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. Effective January 1, 2022.

Creates the Childhood Anaphylactic Policy Act. Requires the Department of Public Health, in consultation with the State Board of Education and the Department of Children and Family Services, to establish anaphylactic policies for school districts and day care centers. Requires the Department to create, distribute, and make available on its website informational materials regarding the policies. Contains requirements for the policies. Requires schools and day care centers to notify parents and guardians of the policies at least once each calendar year. Requires the policies to be forwarded to each school board of a school district, charter school, and day care center in the State within 6 months after the Act's effective date and to be implemented by those entities within 6 months after receiving the policies. Provides that the policies shall be updated at least once every 3 years. Contains other provisions. Effective July 1, 2021. House Floor Amendment No. 4 Deletes reference to: New Act Adds reference to: 105 ILCS 5/2-3.182 new 105 ILCS 5/22-30 105 ILCS 5/2-3.149 rep. 225 ILCS 10/5.11 new Replaces everything after the enacting clause. Amends the School Code. Requires the State Board of Education, in consultation with the Department of Public Health, to establish an anaphylactic policy for school districts. Also provides for consultation with the advisory committee established under the Critical Health Problems and Comprehensive Health Education Act. Sets forth what must be included in the policy. Requires school districts to notify parents and guardians about the policy at least once each calendar year. Requires the State Board to forward the policy to each school board within 6 months after the effective date of the amendatory Act. Sets forth other requirements. Makes a related change in provisions concerning the administration and carrying of asthma medication and epinephrine injectors. Repeals provisions relating to food allergy guidelines. Amends the Child Care Act of 1969. Provides that the Department of Children and Family Services shall require each licensed day care center, day care home, and group day care home to have a plan for anaphylactic shock to be followed for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. Requires specified child treatment plans to be kept and followed by the staff of a day care center, day care home, or group day care home. Requires each licensed day care center, day care home, and group day care home to have at least one staff member present at all times who has taken a training course in recognizing and responding to anaphylaxis. Contains other provisions. Effective July 1, 2021.