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90_HB3672eng 705 ILCS 405/1-13 from Ch. 37, par. 801-13 Amends the Juvenile Court Act of 1987. Makes a stylistic change in Section that states that a minor assigned to a public or community service program is not considered an employee. LRB9010726RCks HB3672 Engrossed LRB9010726RCks 1 AN ACT in relation to secure child care facilities, 2 amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 2. The Children and Family Services Act is 6 amended by changing Section 5 as follows: 7 (20 ILCS 505/5) (from Ch. 23, par. 5005) 8 Sec. 5. Direct child welfare services; Department of 9 Children and Family Services. To provide direct child welfare 10 services when not available through other public or private 11 child care or program facilities. 12 (a) For purposes of this Section: 13 (1) "Children" means persons found within the State 14 who are under the age of 18 years. The term also 15 includes persons under age 19 who: 16 (A) were committed to the Department pursuant 17 to the Juvenile Court Act or the Juvenile Court Act 18 of 1987, as amended, prior to the age of 18 and who 19 continue under the jurisdiction of the court; or 20 (B) were accepted for care, service and 21 training by the Department prior to the age of 18 22 and whose best interest in the discretion of the 23 Department would be served by continuing that care, 24 service and training because of severe emotional 25 disturbances, physical disability, social adjustment 26 or any combination thereof, or because of the need 27 to complete an educational or vocational training 28 program. 29 (2) "Homeless youth" means persons found within the 30 State who are under the age of 19, are not in a safe and 31 stable living situation and cannot be reunited with their HB3672 Engrossed -2- LRB9010726RCks 1 families. 2 (3) "Child welfare services" means public social 3 services which are directed toward the accomplishment of 4 the following purposes: 5 (A) protecting and promoting the health, 6 safety and welfare of children, including homeless, 7 dependent or neglected children; 8 (B) remedying, or assisting in the solution of 9 problems which may result in, the neglect, abuse, 10 exploitation or delinquency of children; 11 (C) preventing the unnecessary separation of 12 children from their families by identifying family 13 problems, assisting families in resolving their 14 problems, and preventing the breakup of the family 15 where the prevention of child removal is desirable 16 and possible when the child can be cared for at home 17 without endangering the child's health and safety; 18 (D) restoring to their families children who 19 have been removed, by the provision of services to 20 the child and the families when the child can be 21 cared for at home without endangering the child's 22 health and safety; 23 (E) placing children in suitable adoptive 24 homes, in cases where restoration to the biological 25 family is not safe, possible or appropriate; 26 (F) assuring safe and adequate care of 27 children away from their homes, in cases where the 28 child cannot be returned home or cannot be placed 29 for adoption. At the time of placement, the 30 Department shall consider concurrent planning, as 31 described in subsection (l-1) of this Section so 32 that permanency may occur at the earliest 33 opportunity. Consideration should be given so that 34 if reunification fails or is delayed, the placement HB3672 Engrossed -3- LRB9010726RCks 1 made is the best available placement to provide 2 permanency for the child; 3 (G) (blank); 4 (H) (blank); and 5 (I) placing and maintaining children in 6 facilities that provide separate living quarters for 7 children under the age of 18 and for children 18 8 years of age and older, unless a child 18 years of 9 age is in the last year of high school education or 10 vocational training, in an approved individual or 11 group treatment program, or in a licensed shelter 12 facility or secure child care facility. The 13 Department is not required to place or maintain 14 children: 15 (i) who are in a foster home, or 16 (ii) who are persons with a developmental 17 disability, as defined in the Mental Health and 18 Developmental Disabilities Code, or 19 (iii) who are female children who are 20 pregnant, pregnant and parenting or parenting, 21 or 22 (iv) who are siblings, 23 in facilities that provide separate living quarters 24 for children 18 years of age and older and for 25 children under 18 years of age. 26 (b) Nothing in this Section shall be construed to 27 authorize the expenditure of public funds for the purpose of 28 performing abortions. 29 (c) The Department shall establish and maintain 30 tax-supported child welfare services and extend and seek to 31 improve voluntary services throughout the State, to the end 32 that services and care shall be available on an equal basis 33 throughout the State to children requiring such services. 34 (d) The Director may authorize advance disbursements for HB3672 Engrossed -4- LRB9010726RCks 1 any new program initiative to any agency contracting with the 2 Department. As a prerequisite for an advance disbursement, 3 the contractor must post a surety bond in the amount of the 4 advance disbursement and have a purchase of service contract 5 approved by the Department. The Department may pay up to 2 6 months operational expenses in advance. The amount of the 7 advance disbursement shall be prorated over the life of the 8 contract or the remaining months of the fiscal year, 9 whichever is less, and the installment amount shall then be 10 deducted from future bills. Advance disbursement 11 authorizations for new initiatives shall not be made to any 12 agency after that agency has operated during 2 consecutive 13 fiscal years. The requirements of this Section concerning 14 advance disbursements shall not apply with respect to the 15 following: payments to local public agencies for child day 16 care services as authorized by Section 5a of this Act; and 17 youth service programs receiving grant funds under Section 18 17a-4. 19 (e) (Blank). 20 (f) (Blank). 21 (g) The Department shall establish rules and regulations 22 concerning its operation of programs designed to meet the 23 goals of child safety and protection, family preservation, 24 family reunification, and adoption, including but not limited 25 to: 26 (1) adoption; 27 (2) foster care; 28 (3) family counseling; 29 (4) protective services; 30 (5) (blank); 31 (6) homemaker service; 32 (7) return of runaway children; 33 (8) (blank); 34 (9) placement under Section 5-7 of the Juvenile HB3672 Engrossed -5- LRB9010726RCks 1 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the 2 Juvenile Court Act of 1987 in accordance with the federal 3 Adoption Assistance and Child Welfare Act of 1980; and 4 (10) interstate services. 5 Rules and regulations established by the Department shall 6 include provisions for training Department staff and the 7 staff of Department grantees, through contracts with other 8 agencies or resources, in alcohol and drug abuse screening 9 techniques to identify children and adults who should be 10 referred to an alcohol and drug abuse treatment program for 11 professional evaluation. 12 (h) If the Department finds that there is no appropriate 13 program or facility within or available to the Department for 14 a ward and that no licensed private facility has an adequate 15 and appropriate program or none agrees to accept the ward, 16 the Department shall create an appropriate individualized, 17 program-oriented plan for such ward. The plan may be 18 developed within the Department or through purchase of 19 services by the Department to the extent that it is within 20 its statutory authority to do. 21 (i) Service programs shall be available throughout the 22 State and shall include but not be limited to the following 23 services: 24 (1) case management; 25 (2) homemakers; 26 (3) counseling; 27 (4) parent education; 28 (5) day care; and 29 (6) emergency assistance and advocacy. 30 In addition, the following services may be made available 31 to assess and meet the needs of children and families: 32 (1) comprehensive family-based services; 33 (2) assessments; 34 (3) respite care; and HB3672 Engrossed -6- LRB9010726RCks 1 (4) in-home health services. 2 The Department shall provide transportation for any of 3 the services it makes available to children or families or 4 for which it refers children or families. 5 (j) The Department may provide categories of financial 6 assistance and education assistance grants, and shall 7 establish rules and regulations concerning the assistance and 8 grants, to persons who adopt physically or mentally 9 handicapped, older and other hard-to-place children who 10 immediately prior to their adoption were legal wards of the 11 Department. The Department may also provide categories of 12 financial assistance and education assistance grants, and 13 shall establish rules and regulations for the assistance and 14 grants, to persons appointed guardian of the person under 15 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 16 4-25 or 5-29 of the Juvenile Court Act of 1987 for children 17 who were wards of the Department for 12 months immediately 18 prior to the appointment of the successor guardian and for 19 whom the Department has set a goal of permanent family 20 placement with a foster family. 21 The amount of assistance may vary, depending upon the 22 needs of the child and the adoptive parents, as set forth in 23 the annual assistance agreement. Special purpose grants are 24 allowed where the child requires special service but such 25 costs may not exceed the amounts which similar services would 26 cost the Department if it were to provide or secure them as 27 guardian of the child. 28 Any financial assistance provided under this subsection 29 is inalienable by assignment, sale, execution, attachment, 30 garnishment, or any other remedy for recovery or collection 31 of a judgment or debt. 32 (k) The Department shall accept for care and training 33 any child who has been adjudicated neglected or abused, or 34 dependent committed to it pursuant to the Juvenile Court Act HB3672 Engrossed -7- LRB9010726RCks 1 or the Juvenile Court Act of 1987. 2 (l) Before July 1, 2000, the Department may provide, and 3 beginning July 1, 2000, the Department shall provide, family 4 preservation services, as determined to be appropriate and in 5 the child's best interests and when the child will be safe 6 and not be in imminent risk of harm, to any family whose 7 child has been placed in substitute care, any persons who 8 have adopted a child and require post-adoption services, or 9 any persons whose child or children are at risk of being 10 placed outside their home as documented by an "indicated" 11 report of suspected child abuse or neglect determined 12 pursuant to the Abused and Neglected Child Reporting Act. 13 Nothing in this paragraph shall be construed to create a 14 private right of action or claim on the part of any 15 individual or child welfare agency. 16 The Department shall notify the child and his family of 17 the Department's responsibility to offer and provide family 18 preservation services as identified in the service plan. The 19 child and his family shall be eligible for services as soon 20 as the report is determined to be "indicated". The 21 Department may offer services to any child or family with 22 respect to whom a report of suspected child abuse or neglect 23 has been filed, prior to concluding its investigation under 24 Section 7.12 of the Abused and Neglected Child Reporting Act. 25 However, the child's or family's willingness to accept 26 services shall not be considered in the investigation. The 27 Department may also provide services to any child or family 28 who is the subject of any report of suspected child abuse or 29 neglect or may refer such child or family to services 30 available from other agencies in the community, even if the 31 report is determined to be unfounded, if the conditions in 32 the child's or family's home are reasonably likely to subject 33 the child or family to future reports of suspected child 34 abuse or neglect. Acceptance of such services shall be HB3672 Engrossed -8- LRB9010726RCks 1 voluntary. 2 The Department may, at its discretion except for those 3 children also adjudicated neglected or dependent, accept for 4 care and training any child who has been adjudicated 5 addicted, as a truant minor in need of supervision or as a 6 minor requiring authoritative intervention, under the 7 Juvenile Court Act or the Juvenile Court Act of 1987, but no 8 such child shall be committed to the Department by any court 9 without the approval of the Department. A minor charged with 10 a criminal offense under the Criminal Code of 1961 or 11 adjudicated delinquent shall not be placed in the custody of 12 or committed to the Department by any court, except a minor 13 less than 13 years of age committed to the Department under 14 Section 5-23 of the Juvenile Court Act of 1987. 15 (l-1) The legislature recognizes that the best interests 16 of the child require that the child be placed in the most 17 permanent living arrangement as soon as is practically 18 possible. To achieve this goal, the legislature directs the 19 Department of Children and Family Services to conduct 20 concurrent planning so that permanency may occur at the 21 earliest opportunity. Permanent living arrangements may 22 include prevention of placement of a child outside the home 23 of the family when the child can be cared for at home without 24 endangering the child's health or safety; reunification with 25 the family, when safe and appropriate, if temporary placement 26 is necessary; or movement of the child toward the most 27 permanent living arrangement and permanent legal status. 28 When a child is placed in foster care, the Department 29 shall ensure and document that reasonable efforts were made 30 to prevent or eliminate the need to remove the child from the 31 child's home. The Department must make reasonable efforts to 32 reunify the family when temporary placement of the child 33 occurs or must request a finding from the court that 34 reasonable efforts are not appropriate or have been HB3672 Engrossed -9- LRB9010726RCks 1 unsuccessful. At any time after the dispositional hearing 2 where the Department believes that further reunification 3 services would be ineffective, it may request a finding from 4 the court that reasonable efforts are no longer appropriate. 5 The Department is not required to provide further 6 reunification services after such a finding. 7 A decision to place a child in substitute care shall be 8 made with considerations of the child's health, safety, and 9 best interests. At the time of placement, consideration 10 should also be given so that if reunification fails or is 11 delayed, the placement made is the best available placement 12 to provide permanency for the child. 13 The Department shall adopt rules addressing concurrent 14 planning for reunification and permanency. The Department 15 shall consider the following factors when determining 16 appropriateness of concurrent planning: 17 (1) the likelihood of prompt reunification; 18 (2) the past history of the family; 19 (3) the barriers to reunification being addressed 20 by the family; 21 (4) the level of cooperation of the family; 22 (5) the foster parents' willingness to work with 23 the family to reunite; 24 (6) the willingness and ability of the foster 25 family to provide an adoptive home or long-term 26 placement; 27 (7) the age of the child; 28 (8) placement of siblings. 29 (m) The Department may assume temporary custody of any 30 child if: 31 (1) it has received a written consent to such 32 temporary custody signed by the parents of the child or 33 by the parent having custody of the child if the parents 34 are not living together or by the guardian or custodian HB3672 Engrossed -10- LRB9010726RCks 1 of the child if the child is not in the custody of either 2 parent, or 3 (2) the child is found in the State and neither a 4 parent, guardian nor custodian of the child can be 5 located. 6 If the child is found in his or her residence without a 7 parent, guardian, custodian or responsible caretaker, the 8 Department may, instead of removing the child and assuming 9 temporary custody, place an authorized representative of the 10 Department in that residence until such time as a parent, 11 guardian or custodian enters the home and expresses a 12 willingness and apparent ability to ensure the child's health 13 and safety and resume permanent charge of the child, or until 14 a relative enters the home and is willing and able to ensure 15 the child's health and safety and assume charge of the child 16 until a parent, guardian or custodian enters the home and 17 expresses such willingness and ability to ensure the child's 18 safety and resume permanent charge. After a caretaker has 19 remained in the home for a period not to exceed 12 hours, the 20 Department must follow those procedures outlined in Section 21 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987. 22 The Department shall have the authority, responsibilities 23 and duties that a legal custodian of the child would have 24 pursuant to subsection (9) of Section 1-3 of the Juvenile 25 Court Act of 1987. Whenever a child is taken into temporary 26 custody pursuant to an investigation under the Abused and 27 Neglected Child Reporting Act, or pursuant to a referral and 28 acceptance under the Juvenile Court Act of 1987 of a minor in 29 limited custody, the Department, during the period of 30 temporary custody and before the child is brought before a 31 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9 32 of the Juvenile Court Act of 1987, shall have the authority, 33 responsibilities and duties that a legal custodian of the 34 child would have under subsection (9) of Section 1-3 of the HB3672 Engrossed -11- LRB9010726RCks 1 Juvenile Court Act of 1987. 2 The Department shall ensure that any child taken into 3 custody is scheduled for an appointment for a medical 4 examination. 5 A parent, guardian or custodian of a child in the 6 temporary custody of the Department who would have custody of 7 the child if he were not in the temporary custody of the 8 Department may deliver to the Department a signed request 9 that the Department surrender the temporary custody of the 10 child. The Department may retain temporary custody of the 11 child for 10 days after the receipt of the request, during 12 which period the Department may cause to be filed a petition 13 pursuant to the Juvenile Court Act of 1987. If a petition is 14 so filed, the Department shall retain temporary custody of 15 the child until the court orders otherwise. If a petition is 16 not filed within the 10 day period, the child shall be 17 surrendered to the custody of the requesting parent, guardian 18 or custodian not later than the expiration of the 10 day 19 period, at which time the authority and duties of the 20 Department with respect to the temporary custody of the child 21 shall terminate. 22 (m-1) The Department may place children in secure child 23 care facilities licensed by the Department that care for 24 children who are in need of secure living arrangements for 25 their health, safety, and well-being when the Department 26 determines that placement is (i) necessary for the 27 protection, safety, or well-being of the child or community, 28 (ii) the least restrictive setting available for the child, 29 and (iii) in the child's best interests. This subsection 30 (m-1) does not apply to a child who is subject to placement 31 in a correctional facility operated pursuant to Section 32 3-15-2 of the Unified Code of Corrections. Placements under 33 this subsection (m-1) shall comply with the child's case plan 34 and shall be subject to permanency hearing review under HB3672 Engrossed -12- LRB9010726RCks 1 Section 2-28 of the Juvenile Court Act of 1987. 2 (n) The Department may place children under 18 years of 3 age in licensed child care facilities when in the opinion of 4 the Department, appropriate services aimed at family 5 preservation have been unsuccessful and cannot ensure the 6 child's health and safety or are unavailable and such 7 placement would be for their best interest. Payment for 8 board, clothing, care, training and supervision of any child 9 placed in a licensed child care facility may be made by the 10 Department, by the parents or guardians of the estates of 11 those children, or by both the Department and the parents or 12 guardians, except that no payments shall be made by the 13 Department for any child placed in a licensed child care 14 facility for board, clothing, care, training and supervision 15 of such a child that exceed the average per capita cost of 16 maintaining and of caring for a child in institutions for 17 dependent or neglected children operated by the Department. 18 However, such restriction on payments does not apply in cases 19 where children require specialized care and treatment for 20 problems of severe emotional disturbance, physical 21 disability, social adjustment, or any combination thereof and 22 suitable facilities for the placement of such children are 23 not available at payment rates within the limitations set 24 forth in this Section. All reimbursements for services 25 delivered shall be absolutely inalienable by assignment, 26 sale, attachment, garnishment or otherwise. 27 (o) The Department shall establish an administrative 28 review and appeal process for children and families who 29 request or receive child welfare services from the 30 Department. Children who are wards of the Department and are 31 placed by private child welfare agencies, and foster families 32 with whom those children are placed, shall be afforded the 33 same procedural and appeal rights as children and families in 34 the case of placement by the Department, including the right HB3672 Engrossed -13- LRB9010726RCks 1 to an initial review of a private agency decision by that 2 agency. The Department shall insure that any private child 3 welfare agency, which accepts wards of the Department for 4 placement, affords those rights to children and foster 5 families. The Department shall accept for administrative 6 review and an appeal hearing a complaint made by a child or 7 foster family concerning a decision following an initial 8 review by a private child welfare agency. An appeal of a 9 decision concerning a change in the placement of a child 10 shall be conducted in an expedited manner. 11 (p) There is hereby created the Department of Children 12 and Family Services Emergency Assistance Fund from which the 13 Department may provide special financial assistance to 14 families which are in economic crisis when such assistance is 15 not available through other public or private sources and the 16 assistance is deemed necessary to prevent dissolution of the 17 family unit or to reunite families which have been separated 18 due to child abuse and neglect. The Department shall 19 establish administrative rules specifying the criteria for 20 determining eligibility for and the amount and nature of 21 assistance to be provided. The Department may also enter 22 into written agreements with private and public social 23 service agencies to provide emergency financial services to 24 families referred by the Department. Special financial 25 assistance payments shall be available to a family no more 26 than once during each fiscal year and the total payments to a 27 family may not exceed $500 during a fiscal year. 28 (q) The Department may receive and use, in their 29 entirety, for the benefit of children any gift, donation or 30 bequest of money or other property which is received on 31 behalf of such children, or any financial benefits to which 32 such children are or may become entitled while under the 33 jurisdiction or care of the Department. 34 The Department shall set up and administer no-cost, HB3672 Engrossed -14- LRB9010726RCks 1 interest-bearing savings accounts in appropriate financial 2 institutions ("individual accounts") for children for whom 3 the Department is legally responsible and who have been 4 determined eligible for Veterans' Benefits, Social Security 5 benefits, assistance allotments from the armed forces, court 6 ordered payments, parental voluntary payments, Supplemental 7 Security Income, Railroad Retirement payments, Black Lung 8 benefits, or other miscellaneous payments. Interest earned 9 by each individual account shall be credited to the account, 10 unless disbursed in accordance with this subsection. 11 In disbursing funds from children's individual accounts, 12 the Department shall: 13 (1) Establish standards in accordance with State 14 and federal laws for disbursing money from children's 15 individual accounts. In all circumstances, the 16 Department's "Guardianship Administrator" or his or her 17 designee must approve disbursements from children's 18 individual accounts. The Department shall be responsible 19 for keeping complete records of all disbursements for 20 each individual account for any purpose. 21 (2) Calculate on a monthly basis the amounts paid 22 from State funds for the child's board and care, medical 23 care not covered under Medicaid, and social services; and 24 utilize funds from the child's individual account, as 25 covered by regulation, to reimburse those costs. 26 Monthly, disbursements from all children's individual 27 accounts, up to 1/12 of $13,000,000, shall be deposited 28 by the Department into the General Revenue Fund and the 29 balance over 1/12 of $13,000,000 into the DCFS Children's 30 Services Fund. 31 (3) Maintain any balance remaining after 32 reimbursing for the child's costs of care, as specified 33 in item (2). The balance shall accumulate in accordance 34 with relevant State and federal laws and shall be HB3672 Engrossed -15- LRB9010726RCks 1 disbursed to the child or his or her guardian, or to the 2 issuing agency. 3 (r) The Department shall promulgate regulations 4 encouraging all adoption agencies to voluntarily forward to 5 the Department or its agent names and addresses of all 6 persons who have applied for and have been approved for 7 adoption of a hard-to-place or handicapped child and the 8 names of such children who have not been placed for adoption. 9 A list of such names and addresses shall be maintained by the 10 Department or its agent, and coded lists which maintain the 11 confidentiality of the person seeking to adopt the child and 12 of the child shall be made available, without charge, to 13 every adoption agency in the State to assist the agencies in 14 placing such children for adoption. The Department may 15 delegate to an agent its duty to maintain and make available 16 such lists. The Department shall ensure that such agent 17 maintains the confidentiality of the person seeking to adopt 18 the child and of the child. 19 (s) The Department of Children and Family Services may 20 establish and implement a program to reimburse Department and 21 private child welfare agency foster parents licensed by the 22 Department of Children and Family Services for damages 23 sustained by the foster parents as a result of the malicious 24 or negligent acts of foster children, as well as providing 25 third party coverage for such foster parents with regard to 26 actions of foster children to other individuals. Such 27 coverage will be secondary to the foster parent liability 28 insurance policy, if applicable. The program shall be funded 29 through appropriations from the General Revenue Fund, 30 specifically designated for such purposes. 31 (t) The Department shall perform home studies and 32 investigations and shall exercise supervision over visitation 33 as ordered by a court pursuant to the Illinois Marriage and 34 Dissolution of Marriage Act or the Adoption Act only if: HB3672 Engrossed -16- LRB9010726RCks 1 (1) an order entered by an Illinois court 2 specifically directs the Department to perform such 3 services; and 4 (2) the court has ordered one or both of the 5 parties to the proceeding to reimburse the Department for 6 its reasonable costs for providing such services in 7 accordance with Department rules, or has determined that 8 neither party is financially able to pay. 9 The Department shall provide written notification to the 10 court of the specific arrangements for supervised visitation 11 and projected monthly costs within 60 days of the court 12 order. The Department shall send to the court information 13 related to the costs incurred except in cases where the court 14 has determined the parties are financially unable to pay. The 15 court may order additional periodic reports as appropriate. 16 (u) Whenever the Department places a child in a licensed 17 foster home, group home, child care institution, or in a 18 relative home, the Department shall provide to the caretaker: 19 (1) available detailed information concerning the 20 child's educational and health history, copies of 21 immunization records (including insurance and medical 22 card information), a history of the child's previous 23 placements, if any, and reasons for placement changes 24 excluding any information that identifies or reveals the 25 location of any previous caretaker; 26 (2) a copy of the child's portion of the client 27 service plan, including any visitation arrangement, and 28 all amendments or revisions to it as related to the 29 child; and 30 (3) information containing details of the child's 31 individualized educational plan when the child is 32 receiving special education services. 33 The caretaker shall be informed of any known social or 34 behavioral information (including, but not limited to, HB3672 Engrossed -17- LRB9010726RCks 1 criminal background, fire setting, perpetuation of sexual 2 abuse, destructive behavior, and substance abuse) necessary 3 to care for and safeguard the child. 4 (u-5) Effective July 1, 1995, only foster care 5 placements licensed as foster family homes pursuant to the 6 Child Care Act of 1969 shall be eligible to receive foster 7 care payments from the Department. Relative caregivers who, 8 as of July 1, 1995, were approved pursuant to approved 9 relative placement rules previously promulgated by the 10 Department at 89 Ill. Adm. Code 335 and had submitted an 11 application for licensure as a foster family home may 12 continue to receive foster care payments only until the 13 Department determines that they may be licensed as a foster 14 family home or that their application for licensure is denied 15 or until September 30, 1995, whichever occurs first. 16 (v) The Department shall access criminal history record 17 information as defined in the Illinois Uniform Conviction 18 Information Act and information maintained in the 19 adjudicatory and dispositional record system as defined in 20 subdivision (A)19 of Section 55a of the Civil Administrative 21 Code of Illinois if the Department determines the information 22 is necessary to perform its duties under the Abused and 23 Neglected Child Reporting Act, the Child Care Act of 1969, 24 and the Children and Family Services Act. The Department 25 shall provide for interactive computerized communication and 26 processing equipment that permits direct on-line 27 communication with the Department of State Police's central 28 criminal history data repository. The Department shall 29 comply with all certification requirements and provide 30 certified operators who have been trained by personnel from 31 the Department of State Police. In addition, one Office of 32 the Inspector General investigator shall have training in the 33 use of the criminal history information access system and 34 have access to the terminal. The Department of Children and HB3672 Engrossed -18- LRB9010726RCks 1 Family Services and its employees shall abide by rules and 2 regulations established by the Department of State Police 3 relating to the access and dissemination of this information. 4 (w) Within 120 days of August 20, 1995 (the effective 5 date of Public Act 89-392), the Department shall prepare and 6 submit to the Governor and the General Assembly, a written 7 plan for the development of in-state licensed secure child 8 care facilities that care for children who are in need of 9 secure living arrangements for their health, safety, and 10 well-being. For purposes of this subsection, secure care 11 facility shall mean a facility that is designed and operated 12 to ensure that all entrances and exits from the facility, a 13 building or a distinct part of the building, are under the 14 exclusive control of the staff of the facility, whether or 15 not the child has the freedom of movement within the 16 perimeter of the facility, building, or distinct part of the 17 building. The plan shall include descriptions of the types 18 of facilities that are needed in Illinois; the cost of 19 developing these secure care facilities; the estimated number 20 of placements; the potential cost savings resulting from the 21 movement of children currently out-of-state who are projected 22 to be returned to Illinois; the necessary geographic 23 distribution of these facilities in Illinois; and a proposed 24 timetable for development of such facilities. 25 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95; 26 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98; 27 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98; 28 revised 10-20-97.) 29 Section 3. The Child Care Act of 1969 is amended by 30 changing Section 4 and adding Sections 2.22 and 3.1 as 31 follows: 32 (225 ILCS 10/2.22 new) HB3672 Engrossed -19- LRB9010726RCks 1 Sec. 2.22. Secure child care facility. "Secure child 2 care facility" means any child care facility licensed by the 3 Department to provide secure living arrangements for children 4 under 19 years of age who are not subject to placement in 5 facilities for whom standards are established by the 6 Department of Corrections under Section 3-15-2 of the Unified 7 Code of Corrections and which comply with the requirements of 8 this Act and applicable rules of the Department and which 9 shall be consistent with requirements established for child 10 residents of mental health facilities under the Mental Health 11 and Developmental Disabilities Code. 12 (225 ILCS 10/3.1 new) 13 Sec. 3.1. Licenses for secure child care facility. The 14 Department shall establish standards for licensing secure 15 child care facilities which comply with the requirements of 16 this Act, applicable requirements of the Mental Health and 17 Developmental Disabilities Code, and applicable rules of the 18 Department. On or before January 1, 1999, the Department 19 shall develop rules that set standards and the degree of need 20 for licensed secure facilities. Within 90 days after the 21 effective date of this amendatory Act of 1998, the Director 22 shall appoint an advisory committee to assist the Department 23 in the development of these rules. 24 (225 ILCS 10/4) (from Ch. 23, par. 2214) 25 Sec. 4. License requirement; application; notice. 26 (a) Any person, group of persons or corporation who or 27 which receives children or arranges for care or placement of 28 one or more children unrelated to the operator must apply for 29 a license to operate one of the types of facilities defined 30 in Sections 2.05 through 2.19 and Section 2.22 of this Act. 31 Any relative who receives a child or children for placement 32 by the Department on a full-time basis may apply for a HB3672 Engrossed -20- LRB9010726RCks 1 license to operate a foster family home as defined in Section 2 2.17 of this Act. 3 (b) Application for a license to operate a child care 4 facility must be made to the Department in the manner and on 5 forms prescribed by it. An application to operate a foster 6 family home shall include, at a minimum: a completed written 7 form; written authorization by the applicant and all adult 8 members of the applicant's household to conduct a criminal 9 background investigation; medical evidence in the form of a 10 medical report, on forms prescribed by the Department, that 11 the applicant and all members of the household are free from 12 communicable diseases or physical and mental conditions that 13 affect their ability to provide care for the child or 14 children; the names and addresses of at least 3 persons not 15 related to the applicant who can attest to the applicant's 16 moral character; and fingerprints submitted by the applicant 17 and all adult members of the applicant's household. 18 (c) The Department shall notify the public when a child 19 care institution, maternity center, or group home licensed by 20 the Department undergoes a change in (i) the range of care or 21 services offered at the facility, (ii) the age or type of 22 children served, or (iii) the area within the facility used 23 by children. The Department shall notify the public of the 24 change in a newspaper of general circulation in the county or 25 municipality in which the applicant's facility is or is 26 proposed to be located. 27 (d) If, upon examination of the facility and 28 investigation of persons responsible for care of children, 29 the Department is satisfied that the facility and responsible 30 persons reasonably meet standards prescribed for the type of 31 facility for which application is made, it shall issue a 32 license in proper form, designating on that license the type 33 of child care facility and, except for a child welfare 34 agency, the number of children to be served at any one time. HB3672 Engrossed -21- LRB9010726RCks 1 (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.
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