Section 301.220  Sibling Visitation

a)         The Department or purchase of service agency shall schedule and provide visits among all siblings in substitute care who are placed apart at least twice per month, beginning no later than two weeks after the Department is awarded temporary custody of any sibling, unless:

1)         a court has ordered that sibling visits occur less frequently or not at all;

2)         the child has stated that he or she does not want to visit with his or her siblings or wants to visit less frequently and has been counseled by the Department on the importance of maintaining family ties. If such a child is age 16 or under, the Department shall inquire of the child at least quarterly whether he or she wants to resume or increase the frequency of visits; or

3)         one sibling may physically, mentally, or emotionally harm another during the visit, and supervision would be inadequate to eliminate the risk of such harm as determined by prior observation or documentation of their interaction as recorded in the child's case file.

b)         If a sibling is placed in a residential facility, visitation with that child may occur less frequently than twice per month if:

1)         the child is at risk of physical harm if he or she visits with his or her siblings and that harm is specifically documented in the child's case file;

2)         the child is at risk of mental or emotional harm if he or she visits with his or her siblings as determined by a qualified mental health professional; or

3)         the child is placed in a residential facility that is located more than 150 miles from his or her siblings, provided, however, that in such event the Department shall provide the child a visit with his or her siblings, preferably overnight, at least every other month.

c)         If the frequency of visits between two siblings is reduced to less than twice per month, the frequency of each child's visits with the other siblings, if any, and of the other siblings visits with each other shall not be reduced except for the reasons stated in subsections (a)(1) through (3) or (b)(1) through (3) above of this Section, or by order of a court.

d)         Neither the Department nor its contractual agencies shall reduce nor seek to have a court reduce the frequency of visits based on the unavailability of a supervisor for the visits or as a form of discipline.

e)         Visits may begin sooner than two weeks after the Department is awarded temporary custody of a sibling, if the siblings express a desire to see each other, no court has prohibited visits, and a qualified supervisor (if deemed necessary) and an appropriate time and location for visits have been identified.

f)          A sibling visitation plan, specifying the frequency of sibling visits, shall be developed by the siblings' caseworkers, foster parents, and the children (seven years of age and older) within 30 days after award of temporary custody of the siblings.  The sibling visitation plan shall be included in the children's case plans.

g)         The sibling visitation plan may be included as a part of and implemented in coordination with a plan for parent-child visits developed in accordance with Section 301.210, Family-Child Visitation.  The frequency of sibling visitation shall in no way be affected by the failure of any parent to visit his or her children for any reason.

h)         The sibling visitation plan shall specify the duration of sibling visits and may also include the location and supervision to be provided for visits.  A brief statement of the reasons for selecting the frequency and duration of sibling visits as specified in the visitation plan shall also be recorded in the plan.

i)          No changes shall be made in the sibling visitation plan without prior consultation with the siblings (seven years old and older) and with the siblings' foster parents unless there is substantial risk of harm to the child if the visits continue unchanged.  The sibling visitation plan and its implementation shall be reviewed at each child's administrative case review.

(Source:  Amended at 25 Ill. Reg. 11803, effective September 14, 2001)