CHILDREN'S MENTAL HLTH ACT

Illinois General Assembly - Full Text of SB3138

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3138

Home

Legislation

Full Text

SB3138 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Engrossed

Senate Amendment 001

House Amendment 001

Printer Friendly Version

Introduced

Engrossed

Senate Amendment 001

House Amendment 001

Open PDF

SB3138 Engrossed
LRB104 20025 KTG 33476 b
1

AN ACT concerning mental health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Children's Mental Health Act is amended by
5
changing Section 5 as follows:

6

(405 ILCS 49/5)
7

Sec. 5.
Children's Mental Health Partnership; Children's
8
Mental Health Plan.
9

(a) The Children's Mental Health Partnership (hereafter
10
referred to as "the Partnership") created under Public Act
11
93-495 and continued under Public Act 102-899 shall advise
12
State agencies and the Children's Behavioral Health
13
Transformation Initiative on designing and implementing
14
short-term and long-term strategies to provide comprehensive
15
and coordinated services for children from birth to age 25 and
16
their families with the goal of addressing children's mental
17
health needs across a full continuum of care, including social
18
determinants of health, prevention, early identification, and
19
treatment. The recommended strategies shall build upon the
20
recommendations in the Children's Mental Health Plan of 2022
21
and may include, but are not limited to, recommendations
22
regarding the following:
23

(1) Increasing public awareness on issues connected to

SB3138 Engrossed
- 2 -
LRB104 20025 KTG 33476 b
1

children's mental health and wellness to decrease stigma,
2

promote acceptance, and strengthen the ability of
3

children, families, and communities to access supports.
4

(2) Coordination of programs, services, and policies
5

across child-serving State agencies to best monitor and
6

assess spending, as well as foster innovation of adaptive
7

or new practices.
8

(3) Funding and resources for children's mental health
9

prevention, early identification, and treatment across
10

child-serving State agencies.
11

(4)
Review

Facilitation
of research on best practices
12

and model programs and dissemination of this information
13

to State policymakers, practitioners, and the general
14

public.
15

(5) Monitoring programs, services, and policies
16

addressing children's mental health and wellness.
17

(6) Growing, retaining, diversifying, and supporting
18

the child-serving workforce, with special emphasis on
19

professional development around child and family mental
20

health and wellness services.
21

(7) Supporting the design, implementation, and
22

evaluation of a quality-driven children's mental health
23

system of care across all child services that prevents
24

mental health concerns and mitigates trauma.
25

(8) Improving the system to more effectively meet the
26

emergency and residential placement needs for all children

SB3138 Engrossed
- 3 -
LRB104 20025 KTG 33476 b
1

with severe mental and behavioral challenges.
2

(b) The Partnership shall have the responsibility of
3
developing and updating the Children's Mental Health Plan and
4
advising the relevant State agencies on implementation of the
5
Plan. The Children's Mental Health Partnership shall be
6
comprised of the following members:
7

(1) The Governor or
the Governor's

his or her

8

designee.
9

(2)
Blank.

The Attorney General or his or her
10

designee.

11

(3) The Secretary of the Department of Human Services
12

or
the Secretary's

his or her
designee.
13

(4) The State Superintendent of Education or
the State
14

Superintendent's

his or her
designee.
15

(5) The Director of the Department of Children and
16

Family Services or
the Director's

his or her
designee.
17

(6) The Director of the Department of Healthcare and
18

Family Services or
the Director's

his or her
designee.
19

(7) The Director of the Department of Public Health or
20

the Director's

his or her
designee.
21

(8) The Director of the Department of Juvenile Justice
22

or
the Director's

his or her
designee.
23

(9) The Secretary of Early Childhood or
the
24

Secretary's

his or her
designee.
25

(10) The Director of the Criminal Justice Information
26

Authority or
the Director's

his or her
designee.

SB3138 Engrossed
- 4 -
LRB104 20025 KTG 33476 b
1

(11) One member of the General Assembly appointed by
2

the Speaker of the House.
3

(12) One member of the General Assembly appointed by
4

the President of the Senate.
5

(13) One member of the General Assembly appointed by
6

the Minority Leader of the Senate.
7

(14) One member of the General Assembly appointed by
8

the Minority Leader of the House.
9

(15) Up to 25 representatives from the public
10

reflecting a diversity of age,
sexual orientation,
gender
11

identity, race, ethnicity, socioeconomic status, and
12

geographic location, to be appointed by the Governor.
13

Those public members appointed under this paragraph must
14

include, but are not limited to:
15

(A) a family member or individual with lived
16

experience in the children's mental health system;
17

(B) a child advocate;
18

(C) a community mental health expert,
19

practitioner, or provider;
20

(D) a representative of a statewide association
21

representing a majority of hospitals in the State;
22

(E) an early childhood expert or practitioner;
23

(F) a representative from the K-12 school system;
24

(G) a representative from the health care sector;
25

(H) a substance use prevention expert or
26

practitioner, or a representative of a statewide

SB3138 Engrossed
- 5 -
LRB104 20025 KTG 33476 b
1

association representing community-based mental health
2

substance use disorder treatment providers in the
3

State;
4

(I) a violence prevention expert or practitioner;
5

(J) a representative from the juvenile justice
6

system;
7

(K) a school social worker; and
8

(L) a representative of a statewide organization
9

representing pediatricians.
10

(16) Two co-chairs appointed by the Governor, one
11

being a representative from the public and one being the
12

Director of
the Department of
Public Health
or the
13

Director's designee
.
14

The public co-chair is included among the 25 public
15
representatives appointed under paragraph (15), and the
16
Director of Public Health (or the Director's designee) serving
17
as co-chair is the same individual listed under paragraph (7).

18

The members appointed by the Governor shall be appointed
19
for
4-year terms

4 years
with
the

one
opportunity for
20
reappointment
, except as otherwise provided for in this
21
subsection. Members who were appointed by the Governor and are
22
serving on January 1, 2023 (the effective date of Public Act
23
102-899) shall maintain their appointment until the term of
24
their appointment has expired. For new appointments made
25
pursuant to Public Act 102-899, members shall be appointed for
26
one-year, 2-year, or 4-year terms, as determined by the

SB3138 Engrossed
- 6 -
LRB104 20025 KTG 33476 b
1
Governor, with no more than 9 of the Governor's new or existing
2
appointees serving the same term. Those new appointments
3
serving a one-year or 2-year term may be appointed to 2
4
additional 4-year terms. If a vacancy occurs in the
5
Partnership membership, the vacancy shall be filled in the
6
same manner as the original appointment for the remainder of
7
the term
.
8

The Partnership shall be convened no later than January
9
31, 2023 to discuss the changes in Public Act 102-899.

10

The members of the Partnership shall serve without
11
compensation
but may be entitled to reimbursement for all
12
necessary expenses incurred in the performance of their
13
official duties as members of the Partnership from funds
14
appropriated for that purpose
.
15

The Partnership may convene and appoint special committees
16
or study groups
to operate under the direction of the
17
Partnership.
Persons appointed to such special committees or
18
study groups shall only receive reimbursement for reasonable
19
expenses.

20

(b-5) The Partnership shall include an adjunct council
21
comprised of
up to 10

no more than 6
youth aged
16

14
to 25 and
22
up to
4 representatives of 4 different community-based
23
organizations that focus on youth mental health. Of the
24
community-based organizations that focus on youth mental
25
health, one of the community-based organizations shall be led
26
by an LGBTQ-identified person, one of the community-based

SB3138 Engrossed
- 7 -
LRB104 20025 KTG 33476 b
1
organizations shall be led by a person of color, and one of the
2
community-based organizations shall be led by a woman. Of the
3
representatives appointed to the council from the
4
community-based organizations, at least one representative
5
shall be LGBTQ-identified, at least one representative shall
6
be a person of color, and at least one representative shall be
7
a woman. The council members shall be appointed by the Chair of
8
the Partnership and shall reflect the racial, gender identity,
9
sexual orientation, ability, socioeconomic, ethnic, and
10
geographic diversity of the State, including rural, suburban,
11
and urban appointees. The council shall make recommendations
12
to the Partnership regarding youth mental health, including,
13
but not limited to, identifying barriers to youth feeling
14
supported by and empowered by the system of mental health and
15
treatment providers, barriers perceived by youth in accessing
16
mental health services, gaps in the mental health system,
17
available resources in schools, including youth's perceptions
18
and experiences with outreach personnel, agency websites, and
19
informational materials, methods to destigmatize mental health
20
services, and how to improve State policy concerning student
21
mental health. The mental health system may include services
22
for substance use disorders and addiction. The council shall
23
meet at least 4 times annually.
24

(c) (Blank).
25

(d) The Illinois Children's Mental Health Partnership has
26
the following powers and duties:

SB3138 Engrossed
- 8 -
LRB104 20025 KTG 33476 b
1

(1)
Reviewing or facilitating needs

Conducting
2

research
assessments to
better understand the challenges

3

determine the needs
and gaps of programs, services, and
4

policies
related to

that touch
children's mental health.
5

(2)
Monitoring policy development related to
6

children's mental health in Illinois at the local, State,
7

and federal level, especially regarding interagency
8

collaboration, varying modes of mental health services
9

delivery, and considering

Developing policy statements for
10

interagency cooperation to cover all aspects of mental
11

health delivery, including
social determinants of health,
12

prevention, early identification, and treatment.
13

(3)
Raising awareness about

Recommending policies and
14

providing information on
effective programs for delivery
15

of mental health services.
16

(4)
Promoting

Using funding from federal, State, or
17

philanthropic partners, to fund pilot programs or research
18

activities to resource
innovative practices by
19

organizational partners that will address children's
20

mental health. However, the Partnership may not provide
21

direct services.
22

(4.1)
Working

The Partnership shall work
with
23

community networks and the Children's Behavioral Health
24

Transformation Initiative team to implement a community
25

needs assessment, that will raise awareness of gaps in
26

existing community-based services for youth.

SB3138 Engrossed
- 9 -
LRB104 20025 KTG 33476 b
1

(5) Submitting an annual report, on or before December
2

15

30
of each year, to the Governor and the General
3

Assembly on the progress of the Plan, any recommendations
4

regarding State policies, laws, or rules necessary to
5

fulfill the purposes of the Act, and any additional
6

recommendations regarding mental or behavioral health that
7

the Partnership deems necessary.
8

(6) (Blank).
9

(7) Regularly reviewing aggregate and de-identified
10

data on the need for children's behavioral health services
11

in Illinois that is collected by the Behavioral Health
12

Care and Ongoing Navigation (BEACON) portal to ensure that
13

system transformation can continue to be driven by data.

14

The Partnership may designate a fiscal and administrative
15
agent that can accept funds to carry out its duties as outlined
16
in this Section.
17

The Department of Public Health shall provide technical
18
and administrative support for the Partnership.
19

(e)
(Blank).

The Partnership may accept monetary gifts or
20
grants from the federal government or any agency thereof, from
21
any charitable foundation or professional association, or from
22
any reputable source for implementation of any program
23
necessary or desirable to carry out the powers and duties as
24
defined under this Section.

25

(f) On or before January 1, 2027, the Partnership shall
26
submit recommendations to the Governor and General Assembly

SB3138 Engrossed
- 10 -
LRB104 20025 KTG 33476 b
1
that includes recommended updates to the Act to reflect the
2
current mental health landscape in this State.
3
(Source: P.A. 103-154, eff. 6-30-23; 103-594, eff. 6-25-24;
4
103-885, eff. 8-9-24; 104-417, eff. 8-15-25.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn