99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3041

 

Introduced 2/18/2016, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/7.3a new

    Amends the Children and Family Services Act. Provides that each child who comes into the care and custody of the Department of Children and Family Services is fully entitled to participate in appropriate extracurricular, enrichment, cultural, and social activities in a manner that allows that child to participate in his or her community to the fullest extent possible. Requires caregivers to use the reasonable and prudent parent standard in determining whether to give permission for a child in out-of-home care to participate in appropriate extracurricular, enrichment, cultural, and social activities. Requires caregivers to consider certain factors when using the reasonable and prudent parent standard, including: (i) the child's age, maturity, and developmental level to promote the overall health, safety, and best interests of the child; and (ii) the importance and fundamental value of encouraging the child's emotional and developmental growth gained through participation in activities in his or her community. Provides that a caregiver is not liable for harm caused to a child in out-of-home care who participates in an activity approved by the caregiver. Grants the Department rulemaking authority. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by adding Section 7.3a as follows:
 
6    (20 ILCS 505/7.3a new)
7    Sec. 7.3a. Normalcy parenting for children in foster care;
8participation in childhood activities.
9    (a) Legislative findings.
10        (1) Every day parents make important decisions about
11    their child's participation in extracurricular activities.
12    Caregivers for children in out-of-home care are faced with
13    making the same decisions.
14        (2) When a caregiver makes decisions, he or she must
15    consider applicable laws, rules, and regulations to
16    safeguard the health, safety, and best interests of a child
17    in out-of-home care.
18        (3) Participation in extracurricular activities is
19    important to a child's well-being, not only emotionally,
20    but also in developing valuable life skills.
21        (4) The General Assembly recognizes the importance of
22    making every effort to normalize the lives of children in
23    out-of-home care and to empower a caregiver to approve or

 

 

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1    not approve a child's participation in appropriate
2    extracurricular activities based on the caregiver's own
3    assessment using the reasonable and prudent parent
4    standard, without prior approval of the Department, the
5    caseworker, or the court.
6    (b) Definitions. As used in this Section:
7    "Appropriate activities" means activities or items that
8are generally accepted as suitable for children of the same
9chronological age or developmental level of maturity.
10Appropriateness is based on the development of cognitive,
11emotional, physical, and behavioral capacity that is typical
12for an age or age group, taking into account the individual
13child's cognitive, emotional, physical, and behavioral
14development.
15    "Caregiver" means a person with whom the child is placed in
16out-of-home care or a designated official for child care
17facilities licensed by the Department as defined in the Child
18Care Act of 1969.
19    "Reasonable and prudent parent standard" means the
20standard characterized by careful and sensible parental
21decisions that maintain the child's health, safety, and best
22interests while at the same time supporting the child's
23emotional and developmental growth that a caregiver shall use
24when determining whether to allow a child in out-of-home care
25to participate in extracurricular, enrichment, cultural, and
26social activities.

 

 

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1    (c) Requirements for decision-making.
2        (1) Each child who comes into the care and custody of
3    the Department is fully entitled to participate in
4    appropriate extracurricular, enrichment, cultural, and
5    social activities in a manner that allows that child to
6    participate in his or her community to the fullest extent
7    possible.
8        (2) Caregivers must use the reasonable and prudent
9    parent standard in determining whether to give permission
10    for a child in out-of-home care to participate in
11    appropriate extracurricular, enrichment, cultural, and
12    social activities. Caregivers are expected to promote and
13    support a child's participation in such activities. When
14    using the reasonable and prudent parent standard, the
15    caregiver shall consider:
16            (A) the child's age, maturity, and developmental
17        level to promote the overall health, safety, and best
18        interests of the child;
19            (B) the best interest of the child based on
20        information known by the caregiver;
21            (C) the importance and fundamental value of
22        encouraging the child's emotional and developmental
23        growth gained through participation in activities in
24        his or her community;
25            (D) the importance and fundamental value of
26        providing the child with the most family-like living

 

 

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1        experience possible; and
2            (E) the behavioral history of the child and the
3        child's ability to safely participate in the proposed
4        activity.
5        (3) A caregiver is not liable for harm caused to a
6    child in out-of-home care who participates in an activity
7    approved by the caregiver, provided that the caregiver has
8    acted as a reasonable and prudent parent in permitting the
9    child to engage in the activity.
10    (d) Rulemaking. The Department shall adopt, by rule,
11procedures no later than June 1, 2017 that promote and protect
12the ability of children to participate in appropriate
13extracurricular, enrichment, cultural, and social activities.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.