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Public Act 100-0189


 

Public Act 0189 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0189
 
HB3542 EnrolledLRB100 10818 KTG 21051 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 Foster Children's Bill of Rights Act is
amended by changing Section 5 as follows:
 
    (20 ILCS 521/5)
    Sec. 5. Foster Children's Bill of Rights. It is the policy
of this State that every child and adult in the care of the
Department of Children and Family Services who is placed in
foster care shall have the following rights:
        (1) To live in a safe, healthy, and comfortable home
    where he or she is treated with respect.
        (2) To be free from physical, sexual, emotional, or
    other abuse, or corporal punishment.
        (3) To receive adequate and healthy food, adequate
    clothing, and, for youth in group homes, residential
    treatment facilities, and foster homes, an allowance.
        (4) To receive medical, dental, vision, and mental
    health services.
        (5) To be free of the administration of medication or
    chemical substances, unless authorized by a physician.
        (6) To contact family members, unless prohibited by
    court order, and social workers, attorneys, foster youth
    advocates and supporters, Court Appointed Special
    Advocates (CASAs), and probation officers.
        (7) To visit and contact brothers and sisters, unless
    prohibited by court order.
        (8) To contact the Advocacy Office for Children and
    Families established under the Children and Family
    Services Act or the Department of Children and Family
    Services' Office of the Inspector General regarding
    violations of rights, to speak to representatives of these
    offices confidentially, and to be free from threats or
    punishment for making complaints.
        (9) To make and receive confidential telephone calls
    and send and receive unopened mail, unless prohibited by
    court order.
        (10) To attend religious services and activities of his
    or her choice.
        (11) To maintain an emancipation bank account and
    manage personal income, consistent with the child's age and
    developmental level, unless prohibited by the case plan.
        (12) To not be locked in a room, building, or facility
    premises, unless placed in a secure child care facility
    licensed by the Department of Children and Family Services
    under the Child Care Act of 1969 and placed pursuant to
    Section 2-27.1 of the Juvenile Court Act of 1987.
        (13) To attend school and participate in
    extracurricular, cultural, and personal enrichment
    activities, consistent with the child's age and
    developmental level, with minimal disruptions to school
    attendance and educational stability.
        (14) To work and develop job skills at an
    age-appropriate level, consistent with State law.
        (15) To have social contacts with people outside of the
    foster care system, including teachers, church members,
    mentors, and friends.
        (16) If he or she meets age requirements, to attend
    services and programs operated by the Department of
    Children and Family Services or any other appropriate State
    agency that aim to help current and former foster youth
    achieve self-sufficiency prior to and after leaving foster
    care.
        (17) To attend court hearings and speak to the judge.
        (18) To have storage space for private use.
        (19) To be involved in the development of his or her
    own case plan and plan for permanent placement.
        (20) To review his or her own case plan and plan for
    permanent placement, if he or she is 12 years of age or
    older and in a permanent placement, and to receive
    information about his or her out-of-home placement and case
    plan, including being told of changes to the case plan.
        (21) To be free from unreasonable searches of personal
    belongings.
        (22) To the confidentiality of all juvenile court
    records consistent with existing law.
        (23) To have fair and equal access to all available
    services, placement, care, treatment, and benefits, and to
    not be subjected to discrimination or harassment on the
    basis of actual or perceived race, ethnic group
    identification, ancestry, national origin, color,
    religion, sex, sexual orientation, gender identity, mental
    or physical disability, or HIV status.
        (24) To have caregivers and child welfare personnel who
    have received sensitivity training and instruction on
    matters concerning race, ethnicity, national origin,
    color, ancestry, religion, mental and physical disability,
    and HIV status.
        (25) To have caregivers and child welfare personnel who
    have received instruction on cultural competency and
    sensitivity relating to, and best practices for, providing
    adequate care to lesbian, gay, bisexual, and transgender
    youth in out-of-home care.
        (26) At 16 years of age or older, to have access to
    existing information regarding the educational options
    available, including, but not limited to, the coursework
    necessary for vocational and postsecondary educational
    programs, and information regarding financial aid for
    postsecondary education.
        (27) To have access to age-appropriate, medically
    accurate information about reproductive health care, the
    prevention of unplanned pregnancy, and the prevention and
    treatment of sexually transmitted infections at 12 years of
    age or older.
        (28) To receive a copy of this Act from and have it
    fully explained by the Department of Children and Family
    Services when the child or adult is placed in the care of
    the Department of Children and Family Services.
        (29) To be placed in the least restrictive and most
    family-like setting available and in close proximity to his
    or her parent's home consistent with his or her health,
    safety, best interests, and special needs.
(Source: P.A. 99-344, eff. 1-1-16.)

Effective Date: 1/1/2018