103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3693

 

Introduced 2/9/2024, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/7  from Ch. 23, par. 5007
225 ILCS 10/4  from Ch. 23, par. 2214

    Amends the Children and Family Services Act. Provides that if a child is placed with a relative or fictive kin, then the relative or fictive kin must apply for licensure under the Child Care Act of 1969 within 3 months after the child is placed with the relative or fictive kin. Provides that foster care payments shall be made only to: (i) licensed foster family homes; and (ii) a relative or fictive kin with whom the child is placed if the relative or fictive kin applied to be a licensed foster family home (rather than only licensed foster family homes). Provides that the Department of Children and Family Services shall remove a child placed with a relative or fictive kin if the relative or fictive kin does not apply for a license as a foster family home within 3 months of the child being placed with the relative or fictive kin. Provides that the Department shall remove a child placed with a relative or fictive kin if the relative's or fictive kin's application to be a licensed foster family home is declined by the Department. Provides that the Department must inform the relative or fictive kin with whom a child is placed of the reason the Department declined to grant the person a license as a foster family home. Amends the Child Care Act of 1969. Provides that for a relative or fictive kin who applies for a license as a foster family home, the Department shall: (1) require less training time than what is required for other applicants applying for a foster family license; (2) require training on child care only as it relates to the child placed with the relative or fictive kin; (3) require training that includes information about the foster system and the expectations of a foster parent; and (4) require training on trauma and how trauma presents in children. Makes other and conforming changes.


LRB103 37025 RTM 67140 b

 

 

A BILL FOR

 

SB3693LRB103 37025 RTM 67140 b

1    AN ACT concerning regulation.
 
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 changing Section 7 as follows:
 
6    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
7    Sec. 7. Placement of children; considerations.
8    (a) In placing any child under this Act, the Department
9shall place the child, as far as possible, in the care and
10custody of some individual holding the same religious belief
11as the parents of the child, or with some child care facility
12which is operated by persons of like religious faith as the
13parents of such child.
14    (a-5) In placing a child under this Act, the Department
15shall place the child with the child's sibling or siblings
16under Section 7.4 of this Act unless the placement is not in
17each child's best interest, or is otherwise not possible under
18the Department's rules. If the child is not placed with a
19sibling under the Department's rules, the Department shall
20consider placements that are likely to develop, preserve,
21nurture, and support sibling relationships, where doing so is
22in each child's best interest.
23    (b) In placing a child under this Act, the Department may

 

 

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1place a child with a relative or fictive kin if the Department
2determines that the relative or fictive kin will be able to
3adequately provide for the child's safety and welfare based on
4the factors set forth in the Department's rules governing
5relative and fictive kin placements, and that the placement is
6consistent with the child's best interests, taking into
7consideration the factors set out in subsection (4.05) of
8Section 1-3 of the Juvenile Court Act of 1987.
9    When the Department first assumes custody of a child, in
10placing that child under this Act, the Department shall make
11reasonable efforts to identify, locate, and provide notice to
12all adult grandparents, fictive kin, and other adult relatives
13of the child who are ready, willing, and able to care for the
14child. At a minimum, these efforts shall be renewed each time
15the child requires a placement change and it is appropriate
16for the child to be cared for in a home environment. The
17Department must document its efforts to identify, locate, and
18provide notice to such potential relative and fictive kin
19placements and maintain the documentation in the child's case
20file.
21    If the Department determines that a placement with any
22identified relative or fictive kin is not in the child's best
23interests or that the relative or fictive kin does not meet the
24requirements to be a relative or fictive kin caregiver, as set
25forth in Department rules or by statute, the Department must
26document the basis for that decision and maintain the

 

 

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1documentation in the child's case file.
2    If, pursuant to the Department's rules, any person files
3an administrative appeal of the Department's decision not to
4place a child with a relative or fictive kin, then it is the
5Department's burden to prove that the decision is consistent
6with the child's best interests.
7    When the Department determines that the child requires
8placement in an environment, other than a home environment,
9the Department shall continue to make reasonable efforts to
10identify and locate relatives or fictive kin to serve as
11visitation resources for the child and potential future
12placement resources, except when the Department determines
13that those efforts would be futile or inconsistent with the
14child's best interests.
15    If the Department determines that efforts to identify and
16locate relatives or fictive kin would be futile or
17inconsistent with the child's best interests, then the
18Department shall document the basis of its determination and
19maintain the documentation in the child's case file.
20    If the Department determines that an individual, a fictive
21kin, or a group of relatives are inappropriate to serve as
22visitation resources or possible placement resources, then the
23Department shall document the basis of its determination and
24maintain the documentation in the child's case file.
25    When the Department determines that an individual, a
26fictive kin, or a group of relatives are appropriate to serve

 

 

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1as visitation resources or possible future placement
2resources, the Department shall document the basis of its
3determination, maintain the documentation in the child's case
4file, create a visitation or transition plan, or both, and
5incorporate the visitation or transition plan, or both, into
6the child's case plan. For the purpose of this subsection, any
7determination as to the child's best interests shall include
8consideration of the factors set out in subsection (4.05) of
9Section 1-3 of the Juvenile Court Act of 1987.
10    The Department may not place a child with a relative or
11fictive kin, with the exception of certain circumstances which
12may be waived as defined by the Department in rules, if the
13results of a check of the Law Enforcement Agencies Data System
14(LEADS) identifies a prior criminal conviction of the relative
15or fictive kin or any adult member of the relative's or fictive
16kin's household for any of the following offenses under the
17Criminal Code of 1961 or the Criminal Code of 2012:
18        (1) murder;
19        (1.1) solicitation of murder;
20        (1.2) solicitation of murder for hire;
21        (1.3) intentional homicide of an unborn child;
22        (1.4) voluntary manslaughter of an unborn child;
23        (1.5) involuntary manslaughter;
24        (1.6) reckless homicide;
25        (1.7) concealment of a homicidal death;
26        (1.8) involuntary manslaughter of an unborn child;

 

 

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1        (1.9) reckless homicide of an unborn child;
2        (1.10) drug-induced homicide;
3        (2) a sex offense under Article 11, except offenses
4    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
5    11-40, and 11-45;
6        (3) kidnapping;
7        (3.1) aggravated unlawful restraint;
8        (3.2) forcible detention;
9        (3.3) aiding and abetting child abduction;
10        (4) aggravated kidnapping;
11        (5) child abduction;
12        (6) aggravated battery of a child as described in
13    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
14        (7) criminal sexual assault;
15        (8) aggravated criminal sexual assault;
16        (8.1) predatory criminal sexual assault of a child;
17        (9) criminal sexual abuse;
18        (10) aggravated sexual abuse;
19        (11) heinous battery as described in Section 12-4.1 or
20    subdivision (a)(2) of Section 12-3.05;
21        (12) aggravated battery with a firearm as described in
22    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
23    (e)(4) of Section 12-3.05;
24        (13) tampering with food, drugs, or cosmetics;
25        (14) drug-induced infliction of great bodily harm as
26    described in Section 12-4.7 or subdivision (g)(1) of

 

 

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1    Section 12-3.05;
2        (15) aggravated stalking;
3        (16) home invasion;
4        (17) vehicular invasion;
5        (18) criminal transmission of HIV;
6        (19) criminal abuse or neglect of an elderly person or
7    person with a disability as described in Section 12-21 or
8    subsection (b) of Section 12-4.4a;
9        (20) child abandonment;
10        (21) endangering the life or health of a child;
11        (22) ritual mutilation;
12        (23) ritualized abuse of a child;
13        (24) an offense in any other state the elements of
14    which are similar and bear a substantial relationship to
15    any of the foregoing offenses.
16    For the purpose of this subsection, "relative" shall
17include any person, 21 years of age or over, other than the
18parent, who (i) is currently related to the child in any of the
19following ways by blood or adoption: grandparent, sibling,
20great-grandparent, parent's sibling, sibling's child, first
21cousin, second cousin, godparent, or grandparent's sibling; or
22(ii) is the spouse of such a relative; or (iii) is the child's
23step-parent, or adult step-sibling; or (iv) is a fictive kin;
24"relative" also includes a person related in any of the
25foregoing ways to a sibling of a child, even though the person
26is not related to the child, when the child and the child's

 

 

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1sibling are placed together with that person. For children who
2have been in the guardianship of the Department, have been
3adopted, and are subsequently returned to the temporary
4custody or guardianship of the Department, a "relative" may
5also include any person who would have qualified as a relative
6under this paragraph prior to the adoption, but only if the
7Department determines, and documents, that it would be in the
8child's best interests to consider this person a relative,
9based upon the factors for determining best interests set
10forth in subsection (4.05) of Section 1-3 of the Juvenile
11Court Act of 1987.
12    A relative or fictive kin with whom a child is placed
13pursuant to this subsection must may, but is not required to,
14apply for licensure as a foster family home pursuant to the
15Child Care Act of 1969 within 3 months after the child is
16placed with the relative or fictive kin. Foster ; provided,
17however, that as of July 1, 1995, foster care payments shall be
18made only to (i) licensed foster family homes pursuant to the
19terms of Section 5 of this Act, and (ii) a relative or fictive
20kin with whom the child is placed if the relative or fictive
21kin has submitted the application to be a licensed foster
22family home.
23    Notwithstanding any other provision under this subsection
24to the contrary, a fictive kin with whom a child is placed
25pursuant to this subsection shall apply for licensure as a
26foster family home pursuant to the Child Care Act of 1969

 

 

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1within 6 months of the child's placement with the fictive kin.
2The Department shall not remove a child from the home of a
3fictive kin on the basis that the fictive kin fails to apply
4for licensure within 6 months of the child's placement with
5the fictive kin, or fails to meet the standard for licensure.
6All other requirements established under the rules and
7procedures of the Department concerning the placement of a
8child, for whom the Department is legally responsible, with a
9relative shall apply to fictive kin. By June 1, 2015, the
10Department shall promulgate rules establishing criteria and
11standards for placement, identification, and licensure of
12fictive kin.
13    The Department shall remove a child placed with a relative
14or fictive kin if the relative or fictive kin does not apply
15for a license as a foster family home under the Child Care Act
16of 1969 within 3 months of the child being placed with the
17relative or fictive kin. The Department shall remove a child
18placed with a relative or fictive kin if the relative's or
19fictive kin's application to be a licensed foster family home
20is declined by the Department. The Department must inform the
21relative or fictive kin with whom a child is placed of the
22reason the Department declined to grant the person a license
23as a foster family home.
24    For purposes of this subsection, "fictive kin" means any
25individual, unrelated by birth or marriage, who:
26        (i) is shown to have significant and close personal or

 

 

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1    emotional ties with the child or the child's family prior
2    to the child's placement with the individual; or
3        (ii) is the current foster parent of a child in the
4    custody or guardianship of the Department pursuant to this
5    Act and the Juvenile Court Act of 1987, if the child has
6    been placed in the home for at least one year and has
7    established a significant and family-like relationship
8    with the foster parent, and the foster parent has been
9    identified by the Department as the child's permanent
10    connection, as defined by Department rule.
11    The provisions added to this subsection (b) by Public Act
1298-846 shall become operative on and after June 1, 2015.
13    (c) In placing a child under this Act, the Department
14shall ensure that the child's health, safety, and best
15interests are met. In rejecting placement of a child with an
16identified relative or fictive kin, the Department shall
17ensure that the child's health, safety, and best interests are
18met. In evaluating the best interests of the child, the
19Department shall take into consideration the factors set forth
20in subsection (4.05) of Section 1-3 of the Juvenile Court Act
21of 1987.
22    The Department shall consider the individual needs of the
23child and the capacity of the prospective foster or adoptive
24parents to meet the needs of the child. When a child must be
25placed outside the child's home and cannot be immediately
26returned to the child's parents or guardian, a comprehensive,

 

 

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1individualized assessment shall be performed of that child at
2which time the needs of the child shall be determined. Only if
3race, color, or national origin is identified as a legitimate
4factor in advancing the child's best interests shall it be
5considered. Race, color, or national origin shall not be
6routinely considered in making a placement decision. The
7Department shall make special efforts for the diligent
8recruitment of potential foster and adoptive families that
9reflect the ethnic and racial diversity of the children for
10whom foster and adoptive homes are needed. "Special efforts"
11shall include contacting and working with community
12organizations and religious organizations and may include
13contracting with those organizations, utilizing local media
14and other local resources, and conducting outreach activities.
15    (c-1) At the time of placement, the Department shall
16consider concurrent planning, as described in subsection (l-1)
17of Section 5, so that permanency may occur at the earliest
18opportunity. Consideration should be given so that if
19reunification fails or is delayed, the placement made is the
20best available placement to provide permanency for the child.
21To the extent that doing so is in the child's best interests as
22set forth in subsection (4.05) of Section 1-3 of the Juvenile
23Court Act of 1987, the Department should consider placements
24that will permit the child to maintain a meaningful
25relationship with the child's parents.
26    (d) The Department may accept gifts, grants, offers of

 

 

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1services, and other contributions to use in making special
2recruitment efforts.
3    (e) The Department in placing children in adoptive or
4foster care homes may not, in any policy or practice relating
5to the placement of children for adoption or foster care,
6discriminate against any child or prospective adoptive or
7foster parent on the basis of race.
8(Source: P.A. 103-22, eff. 8-8-23.)
 
9    Section 10. The Child Care Act of 1969 is amended by
10changing Section 4 as follows:
 
11    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
12    Sec. 4. License requirement; application; notice.
13    (a) Any person, group of persons or corporation who or
14which receives children or arranges for care or placement of
15one or more children unrelated to the operator must apply for a
16license to operate one of the types of facilities defined in
17Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
18relative, as defined in Section 2.17 of this Act, who receives
19a child or children for placement by the Department on a
20full-time basis must may apply for a license to operate a
21foster family home as defined in Section 2.17 of this Act.
22    (a-5) Any agency, person, group of persons, association,
23organization, corporation, institution, center, or group
24providing adoption services must be licensed by the Department

 

 

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1as a child welfare agency as defined in Section 2.08 of this
2Act. "Providing adoption services" as used in this Act,
3includes facilitating or engaging in adoption services.
4    (b) Application for a license to operate a child care
5facility must be made to the Department in the manner and on
6forms prescribed by it. An application to operate a foster
7family home shall include, at a minimum: a completed written
8form; written authorization by the applicant and all adult
9members of the applicant's household to conduct a criminal
10background investigation; medical evidence in the form of a
11medical report, on forms prescribed by the Department, that
12the applicant and all members of the household are free from
13communicable diseases or physical and mental conditions that
14affect their ability to provide care for the child or
15children; the names and addresses of at least 3 persons not
16related to the applicant who can attest to the applicant's
17moral character; the name and address of at least one relative
18who can attest to the applicant's capability to care for the
19child or children; and fingerprints submitted by the applicant
20and all adult members of the applicant's household.
21    (b-5) Prior to submitting an application for a foster
22family home license, a quality of care concerns applicant as
23defined in Section 2.22a of this Act must submit a preliminary
24application to the Department in the manner and on forms
25prescribed by it. The Department shall explain to the quality
26of care concerns applicant the grounds for requiring a

 

 

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1preliminary application. The preliminary application shall
2include a list of (i) all children placed in the home by the
3Department who were removed by the Department for reasons
4other than returning to a parent and the circumstances under
5which they were removed and (ii) all children placed by the
6Department who were subsequently adopted by or placed in the
7private guardianship of the quality of care concerns applicant
8who are currently under 18 and who no longer reside in the home
9and the reasons why they no longer reside in the home. The
10preliminary application shall also include, if the quality of
11care concerns applicant chooses to submit, (1) a response to
12the quality of care concerns, including any reason the
13concerns are invalid, have been addressed or ameliorated, or
14no longer apply and (2) affirmative documentation
15demonstrating that the quality of care concerns applicant's
16home does not pose a risk to children and that the family will
17be able to meet the physical and emotional needs of children.
18The Department shall verify the information in the preliminary
19application and review (i) information regarding any prior
20licensing complaints, (ii) information regarding any prior
21child abuse or neglect investigations, (iii) information
22regarding any involuntary foster home holds placed on the home
23by the Department, and (iv) information regarding all child
24exit interviews, as provided in Section 5.26 of the Children
25and Family Services Act, regarding the home. Foster home
26applicants with quality of care concerns are presumed

 

 

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1unsuitable for future licensure.
2    Notwithstanding the provisions of this subsection (b-5),
3the Department may make an exception and issue a foster family
4license to a quality of care concerns applicant if the
5Department is satisfied that the foster family home does not
6pose a risk to children and that the foster family will be able
7to meet the physical and emotional needs of children. In
8making this determination, the Department must obtain and
9carefully review all relevant documents and shall obtain
10consultation from its Clinical Division as appropriate and as
11prescribed by Department rule and procedure. The Department
12has the authority to deny a preliminary application based on
13the record of quality of care concerns of the foster family
14home. In the alternative, the Department may (i) approve the
15preliminary application, (ii) approve the preliminary
16application subject to obtaining additional information or
17assessments, or (iii) approve the preliminary application for
18purposes of placing a particular child or children only in the
19foster family home. If the Department approves a preliminary
20application, the foster family shall submit an application for
21licensure as described in subsection (b) of this Section. The
22Department shall notify the quality of care concerns applicant
23of its decision and the basis for its decision in writing.
24    (b-10) For a relative or fictive kin who applies for a
25license as a foster family home in accordance with subsection
26(b) of Section 7 of the Children and Family Services Act, the

 

 

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1Department shall:
2        (1) require less training time than what is required
3    for other applicants applying for a foster family license;
4        (2) require training on child care only as it relates
5    to the child placed with the relative or fictive kin;
6        (3) require training that includes information about
7    the foster system and the expectations of a foster parent;
8    and
9        (4) require training on trauma and how trauma presents
10    in children.
11    (c) The Department shall notify the public when a child
12care institution, maternity center, or group home licensed by
13the Department undergoes a change in (i) the range of care or
14services offered at the facility, (ii) the age or type of
15children served, or (iii) the area within the facility used by
16children. The Department shall notify the public of the change
17in a newspaper of general circulation in the county or
18municipality in which the applicant's facility is or is
19proposed to be located.
20    (d) If, upon examination of the facility and investigation
21of persons responsible for care of children and, in the case of
22a foster home, taking into account information obtained for
23purposes of evaluating a preliminary application, if
24applicable, the Department is satisfied that the facility and
25responsible persons reasonably meet standards prescribed for
26the type of facility for which application is made, it shall

 

 

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1issue a license in proper form, designating on that license
2the type of child care facility and, except for a child welfare
3agency, the number of children to be served at any one time.
4    (e) The Department shall not issue or renew the license of
5any child welfare agency providing adoption services, unless
6the agency (i) is officially recognized by the United States
7Internal Revenue Service as a tax-exempt organization
8described in Section 501(c)(3) of the Internal Revenue Code of
91986 (or any successor provision of federal tax law) and (ii)
10is in compliance with all of the standards necessary to
11maintain its status as an organization described in Section
12501(c)(3) of the Internal Revenue Code of 1986 (or any
13successor provision of federal tax law). The Department shall
14grant a grace period of 24 months from the effective date of
15this amendatory Act of the 94th General Assembly for existing
16child welfare agencies providing adoption services to obtain
17501(c)(3) status. The Department shall permit an existing
18child welfare agency that converts from its current structure
19in order to be recognized as a 501(c)(3) organization as
20required by this Section to either retain its current license
21or transfer its current license to a newly formed entity, if
22the creation of a new entity is required in order to comply
23with this Section, provided that the child welfare agency
24demonstrates that it continues to meet all other licensing
25requirements and that the principal officers and directors and
26programs of the converted child welfare agency or newly

 

 

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1organized child welfare agency are substantially the same as
2the original. The Department shall have the sole discretion to
3grant a one year extension to any agency unable to obtain
4501(c)(3) status within the timeframe specified in this
5subsection (e), provided that such agency has filed an
6application for 501(c)(3) status with the Internal Revenue
7Service within the 2-year timeframe specified in this
8subsection (e).
9(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)