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Public Act 100-0101


 

Public Act 0101 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0101
 
SB1746 EnrolledLRB100 08551 KTG 18676 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children and Family Services Act is amended
by changing Section 7 as follows:
 
    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
    Sec. 7. Placement of children; considerations.
    (a) In placing any child under this Act, the Department
shall place the child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
    (a-5) In placing a child under this Act, the Department
shall place the child with the child's sibling or siblings
under Section 7.4 of this Act unless the placement is not in
each child's best interest, or is otherwise not possible under
the Department's rules. If the child is not placed with a
sibling under the Department's rules, the Department shall
consider placements that are likely to develop, preserve,
nurture, and support sibling relationships, where doing so is
in each child's best interest.
    (b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify, locate, and provide notice to
all adult grandparents and other adult relatives of the child
who are ready, willing, and able to care for the child. At a
minimum, these efforts shall be renewed each time the child
requires a placement change and it is appropriate for the child
to be cared for in a home environment. The Department must
document its efforts to identify, locate, and provide notice to
such potential relative placements and maintain the
documentation in the child's case file.
    If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
    If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
    When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
    If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
    If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
    When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
    The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses
under the Criminal Code of 1961 or the Criminal Code of 2012:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
    11-40, and 11-45;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug-induced infliction of great bodily harm as
    described in Section 12-4.7 or subdivision (g)(1) of
    Section 12-3.05;
        (15) aggravated stalking;
        (16) home invasion;
        (17) vehicular invasion;
        (18) criminal transmission of HIV;
        (19) criminal abuse or neglect of an elderly person or
    person with a disability as described in Section 12-21 or
    subsection (b) of Section 12-4.4a;
        (20) child abandonment;
        (21) endangering the life or health of a child;
        (22) ritual mutilation;
        (23) ritualized abuse of a child;
        (24) an offense in any other state the elements of
    which are similar and bear a substantial relationship to
    any of the foregoing offenses.
    For the purpose of this subsection, "relative" shall
include any person, 21 years of age or over, other than the
parent, who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; or (iv) is a fictive kin; "relative" also includes
a person related in any of the foregoing ways to a sibling of a
child, even though the person is not related to the child, when
the child and its sibling are placed together with that person.
For children who have been in the guardianship of the
Department, have been adopted, and are subsequently returned to
the temporary custody or guardianship of the Department, a
"relative" may also include any person who would have qualified
as a relative under this paragraph prior to the adoption, but
only if the Department determines, and documents, that it would
be in the child's best interests to consider this person a
relative, based upon the factors for determining best interests
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987. A relative with whom a child is placed
pursuant to this subsection may, but is not required to, apply
for licensure as a foster family home pursuant to the Child
Care Act of 1969; provided, however, that as of July 1, 1995,
foster care payments shall be made only to licensed foster
family homes pursuant to the terms of Section 5 of this Act.
    Notwithstanding any other provision under this subsection
to the contrary, a fictive kin with whom a child is placed
pursuant to this subsection shall apply for licensure as a
foster family home pursuant to the Child Care Act of 1969
within 6 months of the child's placement with the fictive kin.
The Department shall not remove a child from the home of a
fictive kin on the basis that the fictive kin fails to apply
for licensure within 6 months of the child's placement with the
fictive kin, or fails to meet the standard for licensure. All
other requirements established under the rules and procedures
of the Department concerning the placement of a child, for whom
the Department is legally responsible, with a relative shall
apply. By June 1, 2015, the Department shall promulgate rules
establishing criteria and standards for placement,
identification, and licensure of fictive kin.
    For purposes of this subsection, "fictive kin" means any
individual, unrelated by birth or marriage, who:
        (i) is shown to have significant and close personal or
    emotional ties with the child or the child's family prior
    to the child's placement with the individual; or
        (ii) is the current foster parent of a child in the
    custody or guardianship of the Department pursuant to this
    Act and the Juvenile Court Act of 1987, if the child has
    been placed in the home for at least one year and has
    established a significant and family-like relationship
    with the foster parent, and the foster parent has been
    identified by the Department as the child's permanent
    connection, as defined by Department rule.
    The provisions added to this subsection (b) by Public Act
98-846 shall become operative on and after June 1, 2015.
    (c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
    (c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
To the extent that doing so is in the child's best interests as
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987, the Department should consider placements
that will permit the child to maintain a meaningful
relationship with his or her parents.
    (d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
    (e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;
99-340, eff. 1-1-16; 99-642, eff. 7-28-16; 99-836, eff.
1-1-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2017