Section 301.70  Sibling Placement

a)         It is the policy of the Department to place siblings together unless:

1)         it is in the best interests of one or more of the children to be placed apart or to remain apart from his or her siblings;

2)         the Department has been unable to locate a joint placement for the siblings, despite a diligent search by the Department as defined in subsection (c) of this Section;

3)         a court has ordered that the siblings be placed apart; or

4)         it is in the best interests of the child or his or her sibling(s) to be placed with a relative and the relative is not willing to accept all the children.

b)         It shall be in the best interests of a child to be placed apart from his or her siblings only if:

1)         the child has been placed in a short-term diagnostic placement in order to determine the placement needs of the child;

2)         the child has special medical, educational, behavioral, or emotional needs which require the child to be placed apart from his or her siblings and the child has been placed or accepted at a placement intended to address those needs;

3)         the child is at risk of physical, mental, or emotional harm if placed with his or siblings and the specific risk and the basis for assessing that risk are documented in the child's case file;

4)         placement of the child with his or her siblings would require that the child be removed from a current foster home and it is in the best interests of the child to remain in that foster home rather than move to a joint placement with his or her siblings; or

5)         it is necessary to place the child apart from his or her siblings in order to achieve permanency for the child.

c)         A diligent search to locate a joint placement for siblings shall consist of written documentation that:

1)         the Department has asked the siblings' parents and known relatives whether there are any relatives who may be willing to become relative foster parents for the siblings;

2)         the Department has asked any current foster parents of a child already in Department custody or guardianship whether they can accommodate the child's siblings in accordance with licensing standards; and

3)         the Department has conducted a search of vacant Department and private agency foster care placements and other appropriate placements in the same region as the parents' home to identify those placements that can provide a joint placement for the sibling group and that meet the placement requirements for all Department cases as set forth in this Subpart.

d)         If siblings have not been placed together at the time the Department is awarded custody of one or more of the siblings, the diligent search to locate a joint placement for siblings shall be conducted:

1)         not later than 30 days after the Department is awarded custody of a sibling group or of any child who has a sibling in placement;

2)         when the Department changes the placement of any child with a sibling, unless it is in the best interests of the child or sibling to be placed apart, as delineated in subsection (b) of this Section.  Nothing in this Part shall preclude removal of a child from a placement with a sibling when such removal is necessary due to an emergency.  An emergency includes but is not limited to situations such as a fire or natural disaster destroying the caregiver's home, behavior on the part of the child which poses a threat to the child or to others in the home, incidents of abuse or neglect which put the child at imminent risk of harm, etc.

e)         If an entire sibling group is not placed together, the Department shall place as many siblings of the group together as possible, considering their relationship and the best interests of the children.

f)          If the Department determines it is not in the best interests of the child to be placed with his or her siblings, the Department shall identify in the child's case plan the reasons why the siblings were placed apart.  If siblings have been placed apart pursuant to subsection (a) of this Section, the Department shall document in the case file the efforts made to place siblings together.

g)         If an entire sibling group cannot be placed together, the Department shall make reasonable efforts to place siblings within reasonable proximity to one another, taking into account the placement requirements for all Department cases as set forth in this Part.  The Department may place a child at greater distance from his or her siblings if his or her treatment needs require placement farther away.

h)         If the Department places siblings apart or siblings remain placed apart after a change in placement, the efforts made to place siblings together and the reasons why the siblings are placed apart shall be specifically reviewed at the first administrative case review following such placement to ensure compliance with the requirements of this Section.

i)          When it is necessary to place siblings apart the Department shall provide for contact and visitation between the siblings in accordance with Sections 301.220 and 301.230 of this Part.

j)          If the Department decides to separate siblings who are placed together, it shall notify each child (if seven years of age or older) and the children's attorney and guardian ad litem in writing no later than ten days prior to implementation of its decision unless remaining in the joint placement poses an imminent risk of harm to one or more of the children.  In such a case, the Department shall notify each child (seven years of age or older) and the children's attorney and guardian ad litem in writing no later than five days after its decision to separate the siblings.

(Source:  Added at 20 Ill. Reg. 9518, effective July 5, 1996)