MR #23.25 Murdered Children Funeral and Burial Assistance Program

08/07/2023

Summary:

Beginning July 1, 2023, Public Act 102-0754, Murdered Children Funeral and Burial Assistance Act of 2023, created a new funeral and burial assistance program to assist with funeral and burial expenses of children murdered in Illinois by gun violence.
The Murdered Children Funeral and Burial Assistance Program allows for direct payment to funeral establishments and cemetery authorities for funeral and burial expenses on behalf of eligible child victims for a circumstance that occurred within 365 days of the request for payment.
Requests for payment for occurrences from July 1, 2022, forward may be submitted beginning July 1, 2023.
Disbursement amounts shall be adjusted annually for any increase in the Consumer Price Index for All Urban Users (CPI-U).
No action is required by FCRC staff.
The Funeral and Burial Unit within Bureau of Local Office Transactions and Support Services (LOTSS) will process requests for disbursement.
New and revised forms and a brochure are under development to coincide with implementation of the new program.

Beginning July 1, 2023, IDHS will administer Public Act 102-0754, Murdered Children Funeral and Burial Assistance Act, also known as the Mychal Moultry, Jr. Funeral and Burial Assistance Act.

The Murdered Children Funeral and Burial Assistance Program provides payment directly to funeral establishments and cemetery authorities for funeral and burial expenses of eligible child victims.

Beginning July 1, 2024, disbursement amounts shall be adjusted annually based on the Consumer Price Index for All Urban Users (CPI-U).

Eligibility Requirements and Definitions

Funeral Establishment and/or Cemetery Authority Providing Services

To qualify for assistance under the Murdered Children Funeral and Burial Assistance Program, the funeral establishment and/or cemetery authority must submit a request for cost of services performed on an eligible victim and on behalf of an eligible survivor(s) for an eligible victim.

The funeral establishment and cemetery/crematory providing services to the eligible victim must be licensed by the State of Illinois. No payment shall be made for any portion of the request that is not substantiated by the funeral establishment and/or cemetery authority.

Definitions

The following definitions are provided strictly for the purpose of administering the Murdered Children Funeral and Burial Assistance program.

Funeral Establishment:

funeral home,
funeral chapel,
funeral parlor; or
other business that provides funeral and burial services to a child victim.

Cemetery Authority:

Any individual or legal entity that owns or controls cemetery lands or property that provides burial rights and burial services and merchandise to a child victim consistent with the Illinois Cemetery Oversight Act.

Eligible Child Victim:

child under 17 years of age, who was:
- killed in the State of Illinois, by a firearm; and
- as a result of one of the following circumstances:
  - First degree murder,
  - Second degree murder,
  - Voluntary manslaughter of an unborn child,
  - Involuntary manslaughter; and
  - Involuntary manslaughter of an unborn child.

Eligible Survivor:

the parent or guardian of the child victim, or
another individual living in the household of the child victim and in a relationship with the victim that is substantially similar to that of a parent; and
has or shares the authority to direct the disposition of the remains for the victim pursuant to the Illinois Disposition of Remains Act; and
has a household income of less than 150% of the federal poverty level.

The following factors are not considered when determining eligibility for payment under this Program:

Receipt of public assistance by the child victim or eligible survivor,
The criminal history or felony status of the child victim or eligible survivor,
The citizenship / USCIS immigration status of the victim or eligible survivor.

Other Payment Sources

No person or entity requesting disbursement under the Act shall receive or retain a duplicate award for funeral and burial expenses for a child victim from any state agency or agencies.

Any funeral and burial expenses paid to the funeral establishment and/or cemetery authority on behalf of the child victim should be credited prior to submitting the Funeral Goods and Services Selected statement and the request for disbursement is considered.

Funeral and Burial Expenses

Payment for funeral and burial expenses may include but is not limited to the following:

Transportation of deceased human remains to a funeral establishment,
Preparation of deceased human remains for burial, including cleaning, disinfecting and embalming, and
Preparation, direction and supervision of the burial, cremation or other disposition of the deceased human remains including but not limited to the furnishing of:
- casket,
- vault,
- mausoleum,
- columbarium, and
- urn.
Administration of the funeral arrangements, including but not limited to:
- printing materials,
- transportation of the deceased human remains to the burial site,
- furnishing of necessary facilities and equipment; and
- any other services related to carrying out of funeral or burial services the Department may allow.

Disbursement Request

A funeral establishment and/or cemetery authority may submit a request for disbursement beginning July 1, 2023, for an occurrence on or after July 1, 2022. Requests for disbursement should be submitted via the IL444-1961, Application for Funeral and Burial Assistance for the Murdered Children Program , IL444-1961 S,SOLICITUD DE ASISTENCIA POR FUNERAL Y ENTIERRO DEL PROGRAMA DE NIÑOS ASESINADOS and are processed by the Funeral and Burial Unit within LOTSS.

A funeral establishment and/or cemetery authority may submit a claim within 365 days of the occurrence of the crime for which the disbursement is sought.

Completed requests for disbursement can be sent to:

Bureau of Local Office and Transaction and Support Services
Funeral and Burial Unit
100 S Grand Ave East, 2nd Floor
Springfield, IL 62762

Any original claim submitted after this timeframe must be accompanied by a written statement from the establishment explaining the delay.

An amended request or additional information substantiating the request may be submitted to correct inadvertent errors or omissions at any time prior to the original disbursement request being processed. The documentation shall be considered to have been filed at the same time as the original request for disbursement.

The request for disbursement must include the following:

name and address of the eligible survivor and his or her relationship to the child victim,
date and nature of the crime in which the request for disbursement is based,
nature and extent of the injuries sustained by the child victim, and:
- the names and addresses of those giving any medical and hospitalization treatment to the child victim.
copy of the child victim's death certificate,
an affidavit of facts of death,
documentation verifying an eligible survivor's household income,
copy of the Statement of Funeral Goods and Services Selected detailing funeral and burial expenses including any applicable taxes, surcharges and fees; and
any other information the Department may reasonably require to process the request for disbursement.

If a disbursement request is unable to be processed due to missing information, the Department shall issue an IL444-1962, Murdered Children Funeral and Burial Assistance Program- Request for Additional Information requesting the additional documentation required to process the request.

The Department must allow 30 days for the submitting funeral establishment or cemetery authority to provide the requested information. A funeral establishment or cemetery authority may request an extension of time from the Department prior to the expiration of the 30-day time period.

Disposition of the Disbursement Request

Payment of services must be made within 30 days of the receipt of a completed request. Payments not issued within 60 days of the submission of a completed request shall accrue interest at the rate set by the Illinois Prompt Payment Act.

Once review of the request is complete, the funeral establishment and/or cemetery authority shall be notified in in writing using the IL444-1959, Funeral/Burial Notice of Decision.

Disbursement of Payment

The total amount of disbursement to a funeral establishment and cemetery authority on behalf of a child victim, including payments made from other agencies and sources, cannot exceed $10,000 for an occurrence that occurred between July 1, 2022 and June 30, 2024.

Disbursement amounts shall be adjusted annually beginning July 1, 2024, using the CPI-U.

Payments issued by the Department shall be apportioned between the funeral establishment and cemetery authority by those eligible survivors with authority for the disposition of the human remains under the Illinois Disposition of Remains Act.

FCRC Responsibilities

No action is required by the FCRCs. Inquiries received from funeral establishment and/or cemetery authorities regarding the program should be submitted in writing by the funeral establishment and/or cemetery authority, to the Funeral and Burial Unit via the following email: DHS.FB@illinois.gov.

Inquiries from individuals regarding the program should be handled in the FCRC using the published policy. Should the individual have questions relating to payment, they should be directed to the funeral establishment and/or cemetery authority who submitted the request for disbursement for payment on behalf of services provided to the child victim.

A Murdered Children Funeral and Burial Assistance Program brochure is being created and will be available at a later date.

LOTSS / Funeral and Burial Unit Responsibilities

The Funeral and Burial Unit shall promptly date stamp any request and supporting documentation upon receipt. The request shall then be screened for accuracy, completeness and supporting documentation.

The request should be processed, and once a decision is made, an IL444-1959, Funeral and Burial Notice of Decision should be issued by the Funeral and Burial Unit.

If the claim cannot be processed for any reason, the Funeral and Burial Unit shall notify the submitting funeral establishment or cemetery authority of the necessary documentation needed to process the request for disbursement and allow the funeral establishment or cemetery authority 30 days to provide required documentation. A funeral establishment or cemetery authority may request an extension of time prior to the expiration of the 30-day time period.

Once approved for payment, the Funeral and Burial Unit will submit a claim to the Bureau of Fiscal Operations to have the payment processed.