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1     AN ACT concerning children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Children and Family Services Act is amended
5 by changing Section 5 as follows:
 
6     (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7     Sec. 5. Direct child welfare services; Department of
8 Children and Family Services. To provide direct child welfare
9 services when not available through other public or private
10 child care or program facilities.
11     (a) For purposes of this Section:
12         (1) "Children" means persons found within the State who
13     are under the age of 18 years. The term also includes
14     persons under age 19 who:
15             (A) were committed to the Department pursuant to
16         the Juvenile Court Act or the Juvenile Court Act of
17         1987, as amended, prior to the age of 18 and who
18         continue under the jurisdiction of the court; or
19             (B) were accepted for care, service and training by
20         the Department prior to the age of 18 and whose best
21         interest in the discretion of the Department would be
22         served by continuing that care, service and training
23         because of severe emotional disturbances, physical

 

 

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1         disability, social adjustment or any combination
2         thereof, or because of the need to complete an
3         educational or vocational training program.
4         (2) "Homeless youth" means persons found within the
5     State who are under the age of 19, are not in a safe and
6     stable living situation and cannot be reunited with their
7     families.
8         (3) "Child welfare services" means public social
9     services which are directed toward the accomplishment of
10     the following purposes:
11             (A) protecting and promoting the health, safety
12         and welfare of children, including homeless, dependent
13         or neglected children;
14             (B) remedying, or assisting in the solution of
15         problems which may result in, the neglect, abuse,
16         exploitation or delinquency of children;
17             (C) preventing the unnecessary separation of
18         children from their families by identifying family
19         problems, assisting families in resolving their
20         problems, and preventing the breakup of the family
21         where the prevention of child removal is desirable and
22         possible when the child can be cared for at home
23         without endangering the child's health and safety;
24             (D) restoring to their families children who have
25         been removed, by the provision of services to the child
26         and the families when the child can be cared for at

 

 

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1         home without endangering the child's health and
2         safety;
3             (E) placing children in suitable adoptive homes,
4         in cases where restoration to the biological family is
5         not safe, possible or appropriate;
6             (F) assuring safe and adequate care of children
7         away from their homes, in cases where the child cannot
8         be returned home or cannot be placed for adoption. At
9         the time of placement, the Department shall consider
10         concurrent planning, as described in subsection (l-1)
11         of this Section so that permanency may occur at the
12         earliest opportunity. Consideration should be given so
13         that if reunification fails or is delayed, the
14         placement made is the best available placement to
15         provide permanency for the child;
16             (G) (blank);
17             (H) (blank); and
18             (I) placing and maintaining children in facilities
19         that provide separate living quarters for children
20         under the age of 18 and for children 18 years of age
21         and older, unless a child 18 years of age is in the
22         last year of high school education or vocational
23         training, in an approved individual or group treatment
24         program, in a licensed shelter facility, or secure
25         child care facility. The Department is not required to
26         place or maintain children:

 

 

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1                 (i) who are in a foster home, or
2                 (ii) who are persons with a developmental
3             disability, as defined in the Mental Health and
4             Developmental Disabilities Code, or
5                 (iii) who are female children who are
6             pregnant, pregnant and parenting or parenting, or
7                 (iv) who are siblings, in facilities that
8             provide separate living quarters for children 18
9             years of age and older and for children under 18
10             years of age.
11     (b) Nothing in this Section shall be construed to authorize
12 the expenditure of public funds for the purpose of performing
13 abortions.
14     (c) The Department shall establish and maintain
15 tax-supported child welfare services and extend and seek to
16 improve voluntary services throughout the State, to the end
17 that services and care shall be available on an equal basis
18 throughout the State to children requiring such services.
19     (d) The Director may authorize advance disbursements for
20 any new program initiative to any agency contracting with the
21 Department. As a prerequisite for an advance disbursement, the
22 contractor must post a surety bond in the amount of the advance
23 disbursement and have a purchase of service contract approved
24 by the Department. The Department may pay up to 2 months
25 operational expenses in advance. The amount of the advance
26 disbursement shall be prorated over the life of the contract or

 

 

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1 the remaining months of the fiscal year, whichever is less, and
2 the installment amount shall then be deducted from future
3 bills. Advance disbursement authorizations for new initiatives
4 shall not be made to any agency after that agency has operated
5 during 2 consecutive fiscal years. The requirements of this
6 Section concerning advance disbursements shall not apply with
7 respect to the following: payments to local public agencies for
8 child day care services as authorized by Section 5a of this
9 Act; and youth service programs receiving grant funds under
10 Section 17a-4.
11     (e) (Blank).
12     (f) (Blank).
13     (g) The Department shall establish rules and regulations
14 concerning its operation of programs designed to meet the goals
15 of child safety and protection, family preservation, family
16 reunification, and adoption, including but not limited to:
17         (1) adoption;
18         (2) foster care;
19         (3) family counseling;
20         (4) protective services;
21         (5) (blank);
22         (6) homemaker service;
23         (7) return of runaway children;
24         (8) (blank);
25         (9) placement under Section 5-7 of the Juvenile Court
26     Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

 

 

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1     Court Act of 1987 in accordance with the federal Adoption
2     Assistance and Child Welfare Act of 1980; and
3         (10) interstate services.
4     Rules and regulations established by the Department shall
5 include provisions for training Department staff and the staff
6 of Department grantees, through contracts with other agencies
7 or resources, in alcohol and drug abuse screening techniques
8 approved by the Department of Human Services, as a successor to
9 the Department of Alcoholism and Substance Abuse, for the
10 purpose of identifying children and adults who should be
11 referred to an alcohol and drug abuse treatment program for
12 professional evaluation.
13     (h) If the Department finds that there is no appropriate
14 program or facility within or available to the Department for a
15 ward and that no licensed private facility has an adequate and
16 appropriate program or none agrees to accept the ward, the
17 Department shall create an appropriate individualized,
18 program-oriented plan for such ward. The plan may be developed
19 within the Department or through purchase of services by the
20 Department to the extent that it is within its statutory
21 authority to do.
22     (i) Service programs shall be available throughout the
23 State and shall include but not be limited to the following
24 services:
25         (1) case management;
26         (2) homemakers;

 

 

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1         (3) counseling;
2         (4) parent education;
3         (5) day care; and
4         (6) emergency assistance and advocacy.
5     In addition, the following services may be made available
6 to assess and meet the needs of children and families:
7         (1) comprehensive family-based services;
8         (2) assessments;
9         (3) respite care; and
10         (4) in-home health services.
11     The Department shall provide transportation for any of the
12 services it makes available to children or families or for
13 which it refers children or families.
14     (j) The Department may provide categories of financial
15 assistance and education assistance grants, and shall
16 establish rules and regulations concerning the assistance and
17 grants, to persons who adopt physically or mentally
18 handicapped, older and other hard-to-place children who (i)
19 immediately prior to their adoption were legal wards of the
20 Department or (ii) were determined eligible for financial
21 assistance with respect to a prior adoption and who become
22 available for adoption because the prior adoption has been
23 dissolved and the parental rights of the adoptive parents have
24 been terminated or because the child's adoptive parents have
25 died. The Department may continue to provide financial
26 assistance and education assistance grants for a child who was

 

 

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1 determined eligible for financial assistance under this
2 subsection (j) in the interim period beginning when the child's
3 adoptive parents died and ending with the finalization of the
4 new adoption of the child by another adoptive parent or
5 parents. The Department may also provide categories of
6 financial assistance and education assistance grants, and
7 shall establish rules and regulations for the assistance and
8 grants, to persons appointed guardian of the person under
9 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
10 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
11 who were wards of the Department for 12 months immediately
12 prior to the appointment of the guardian.
13     The amount of assistance may vary, depending upon the needs
14 of the child and the adoptive parents, as set forth in the
15 annual assistance agreement. Special purpose grants are
16 allowed where the child requires special service but such costs
17 may not exceed the amounts which similar services would cost
18 the Department if it were to provide or secure them as guardian
19 of the child.
20     Any financial assistance provided under this subsection is
21 inalienable by assignment, sale, execution, attachment,
22 garnishment, or any other remedy for recovery or collection of
23 a judgment or debt.
24     (j-5) The Department shall not deny or delay the placement
25 of a child for adoption if an approved family is available
26 either outside of the Department region handling the case, or

 

 

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1 outside of the State of Illinois.
2     (k) The Department shall accept for care and training any
3 child who has been adjudicated neglected or abused, or
4 dependent committed to it pursuant to the Juvenile Court Act or
5 the Juvenile Court Act of 1987.
6     (l) The Before July 1, 2000, the Department may provide,
7 and beginning July 1, 2000, the Department shall offer family
8 preservation services, as defined in Section 8.2 of the Abused
9 and Neglected Child Reporting Act, to help families, including
10 adoptive and extended families. Family preservation services
11 shall be offered (i) to prevent the placement of children in
12 substitute care when the children can be cared for at home or
13 in the custody of the person responsible for the children's
14 welfare, (ii) to reunite children with their families, or (iii)
15 to maintain an adoptive placement. Family preservation
16 services shall only be offered when doing so will not endanger
17 the children's health or safety. With respect to children who
18 are in substitute care pursuant to the Juvenile Court Act of
19 1987, family preservation services shall not be offered if a
20 goal other than those of subdivisions (A), (B), or (B-1) of
21 subsection (2) of Section 2-28 of that Act has been set.
22 Nothing in this paragraph shall be construed to create a
23 private right of action or claim on the part of any individual
24 or child welfare agency, except that when a child is the
25 subject of an action under Article II of the Juvenile Court Act
26 of 1987 and the child's service plan calls for services to

 

 

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1 facilitate achievement of the permanency goal, the court
2 hearing the action under Article II of the Juvenile Court Act
3 of 1987 may order the Department to provide the services set
4 out in the plan, if those services are not provided with
5 reasonable promptness and if those services are available.
6     The Department shall notify the child and his family of the
7 Department's responsibility to offer and provide family
8 preservation services as identified in the service plan. The
9 child and his family shall be eligible for services as soon as
10 the report is determined to be "indicated". The Department may
11 offer services to any child or family with respect to whom a
12 report of suspected child abuse or neglect has been filed,
13 prior to concluding its investigation under Section 7.12 of the
14 Abused and Neglected Child Reporting Act. However, the child's
15 or family's willingness to accept services shall not be
16 considered in the investigation. The Department may also
17 provide services to any child or family who is the subject of
18 any report of suspected child abuse or neglect or may refer
19 such child or family to services available from other agencies
20 in the community, even if the report is determined to be
21 unfounded, if the conditions in the child's or family's home
22 are reasonably likely to subject the child or family to future
23 reports of suspected child abuse or neglect. Acceptance of such
24 services shall be voluntary.
25     The Department may, at its discretion except for those
26 children also adjudicated neglected or dependent, accept for

 

 

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1 care and training any child who has been adjudicated addicted,
2 as a truant minor in need of supervision or as a minor
3 requiring authoritative intervention, under the Juvenile Court
4 Act or the Juvenile Court Act of 1987, but no such child shall
5 be committed to the Department by any court without the
6 approval of the Department. A minor charged with a criminal
7 offense under the Criminal Code of 1961 or adjudicated
8 delinquent shall not be placed in the custody of or committed
9 to the Department by any court, except a minor less than 15
10 years of age committed to the Department under Section 5-710 of
11 the Juvenile Court Act of 1987 or a minor for whom an
12 independent basis of abuse, neglect, or dependency exists,
13 which must be defined by departmental rule. An independent
14 basis exists when the allegations or adjudication of abuse,
15 neglect, or dependency do not arise from the same facts,
16 incident, or circumstances which give rise to a charge or
17 adjudication of delinquency.
18     (l-1) The legislature recognizes that the best interests of
19 the child require that the child be placed in the most
20 permanent living arrangement as soon as is practically
21 possible. To achieve this goal, the legislature directs the
22 Department of Children and Family Services to conduct
23 concurrent planning so that permanency may occur at the
24 earliest opportunity. Permanent living arrangements may
25 include prevention of placement of a child outside the home of
26 the family when the child can be cared for at home without

 

 

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1 endangering the child's health or safety; reunification with
2 the family, when safe and appropriate, if temporary placement
3 is necessary; or movement of the child toward the most
4 permanent living arrangement and permanent legal status.
5     When determining reasonable efforts to be made with respect
6 to a child, as described in this subsection, and in making such
7 reasonable efforts, the child's health and safety shall be the
8 paramount concern.
9     When a child is placed in foster care, the Department shall
10 ensure and document that reasonable efforts were made to
11 prevent or eliminate the need to remove the child from the
12 child's home. The Department must make reasonable efforts to
13 reunify the family when temporary placement of the child occurs
14 unless otherwise required, pursuant to the Juvenile Court Act
15 of 1987. At any time after the dispositional hearing where the
16 Department believes that further reunification services would
17 be ineffective, it may request a finding from the court that
18 reasonable efforts are no longer appropriate. The Department is
19 not required to provide further reunification services after
20 such a finding.
21     A decision to place a child in substitute care shall be
22 made with considerations of the child's health, safety, and
23 best interests. At the time of placement, consideration should
24 also be given so that if reunification fails or is delayed, the
25 placement made is the best available placement to provide
26 permanency for the child.

 

 

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1     The Department shall adopt rules addressing concurrent
2 planning for reunification and permanency. The Department
3 shall consider the following factors when determining
4 appropriateness of concurrent planning:
5         (1) the likelihood of prompt reunification;
6         (2) the past history of the family;
7         (3) the barriers to reunification being addressed by
8     the family;
9         (4) the level of cooperation of the family;
10         (5) the foster parents' willingness to work with the
11     family to reunite;
12         (6) the willingness and ability of the foster family to
13     provide an adoptive home or long-term placement;
14         (7) the age of the child;
15         (8) placement of siblings.
16     (m) The Department may assume temporary custody of any
17 child if:
18         (1) it has received a written consent to such temporary
19     custody signed by the parents of the child or by the parent
20     having custody of the child if the parents are not living
21     together or by the guardian or custodian of the child if
22     the child is not in the custody of either parent, or
23         (2) the child is found in the State and neither a
24     parent, guardian nor custodian of the child can be located.
25 If the child is found in his or her residence without a parent,
26 guardian, custodian or responsible caretaker, the Department

 

 

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1 may, instead of removing the child and assuming temporary
2 custody, place an authorized representative of the Department
3 in that residence until such time as a parent, guardian or
4 custodian enters the home and expresses a willingness and
5 apparent ability to ensure the child's health and safety and
6 resume permanent charge of the child, or until a relative
7 enters the home and is willing and able to ensure the child's
8 health and safety and assume charge of the child until a
9 parent, guardian or custodian enters the home and expresses
10 such willingness and ability to ensure the child's safety and
11 resume permanent charge. After a caretaker has remained in the
12 home for a period not to exceed 12 hours, the Department must
13 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
14 5-415 of the Juvenile Court Act of 1987.
15     The Department shall have the authority, responsibilities
16 and duties that a legal custodian of the child would have
17 pursuant to subsection (9) of Section 1-3 of the Juvenile Court
18 Act of 1987. Whenever a child is taken into temporary custody
19 pursuant to an investigation under the Abused and Neglected
20 Child Reporting Act, or pursuant to a referral and acceptance
21 under the Juvenile Court Act of 1987 of a minor in limited
22 custody, the Department, during the period of temporary custody
23 and before the child is brought before a judicial officer as
24 required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
25 Court Act of 1987, shall have the authority, responsibilities
26 and duties that a legal custodian of the child would have under

 

 

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1 subsection (9) of Section 1-3 of the Juvenile Court Act of
2 1987.
3     The Department shall ensure that any child taken into
4 custody is scheduled for an appointment for a medical
5 examination.
6     A parent, guardian or custodian of a child in the temporary
7 custody of the Department who would have custody of the child
8 if he were not in the temporary custody of the Department may
9 deliver to the Department a signed request that the Department
10 surrender the temporary custody of the child. The Department
11 may retain temporary custody of the child for 10 days after the
12 receipt of the request, during which period the Department may
13 cause to be filed a petition pursuant to the Juvenile Court Act
14 of 1987. If a petition is so filed, the Department shall retain
15 temporary custody of the child until the court orders
16 otherwise. If a petition is not filed within the 10 day period,
17 the child shall be surrendered to the custody of the requesting
18 parent, guardian or custodian not later than the expiration of
19 the 10 day period, at which time the authority and duties of
20 the Department with respect to the temporary custody of the
21 child shall terminate.
22     (m-1) The Department may place children under 18 years of
23 age in a secure child care facility licensed by the Department
24 that cares for children who are in need of secure living
25 arrangements for their health, safety, and well-being after a
26 determination is made by the facility director and the Director

 

 

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1 or the Director's designate prior to admission to the facility
2 subject to Section 2-27.1 of the Juvenile Court Act of 1987.
3 This subsection (m-1) does not apply to a child who is subject
4 to placement in a correctional facility operated pursuant to
5 Section 3-15-2 of the Unified Code of Corrections, unless the
6 child is a ward who was placed under the care of the Department
7 before being subject to placement in a correctional facility
8 and a court of competent jurisdiction has ordered placement of
9 the child in a secure care facility.
10     (n) The Department may place children under 18 years of age
11 in licensed child care facilities when in the opinion of the
12 Department, appropriate services aimed at family preservation
13 have been unsuccessful and cannot ensure the child's health and
14 safety or are unavailable and such placement would be for their
15 best interest. Payment for board, clothing, care, training and
16 supervision of any child placed in a licensed child care
17 facility may be made by the Department, by the parents or
18 guardians of the estates of those children, or by both the
19 Department and the parents or guardians, except that no
20 payments shall be made by the Department for any child placed
21 in a licensed child care facility for board, clothing, care,
22 training and supervision of such a child that exceed the
23 average per capita cost of maintaining and of caring for a
24 child in institutions for dependent or neglected children
25 operated by the Department. However, such restriction on
26 payments does not apply in cases where children require

 

 

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1 specialized care and treatment for problems of severe emotional
2 disturbance, physical disability, social adjustment, or any
3 combination thereof and suitable facilities for the placement
4 of such children are not available at payment rates within the
5 limitations set forth in this Section. All reimbursements for
6 services delivered shall be absolutely inalienable by
7 assignment, sale, attachment, garnishment or otherwise.
8     (o) The Department shall establish an administrative
9 review and appeal process for children and families who request
10 or receive child welfare services from the Department. Children
11 who are wards of the Department and are placed by private child
12 welfare agencies, and foster families with whom those children
13 are placed, shall be afforded the same procedural and appeal
14 rights as children and families in the case of placement by the
15 Department, including the right to an initial review of a
16 private agency decision by that agency. The Department shall
17 insure that any private child welfare agency, which accepts
18 wards of the Department for placement, affords those rights to
19 children and foster families. The Department shall accept for
20 administrative review and an appeal hearing a complaint made by
21 (i) a child or foster family concerning a decision following an
22 initial review by a private child welfare agency or (ii) a
23 prospective adoptive parent who alleges a violation of
24 subsection (j-5) of this Section. An appeal of a decision
25 concerning a change in the placement of a child shall be
26 conducted in an expedited manner.

 

 

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1     (p) There is hereby created the Department of Children and
2 Family Services Emergency Assistance Fund from which the
3 Department may provide special financial assistance to
4 families which are in economic crisis when such assistance is
5 not available through other public or private sources and the
6 assistance is deemed necessary to prevent dissolution of the
7 family unit or to reunite families which have been separated
8 due to child abuse and neglect. The Department shall establish
9 administrative rules specifying the criteria for determining
10 eligibility for and the amount and nature of assistance to be
11 provided. The Department may also enter into written agreements
12 with private and public social service agencies to provide
13 emergency financial services to families referred by the
14 Department. Special financial assistance payments shall be
15 available to a family no more than once during each fiscal year
16 and the total payments to a family may not exceed $500 during a
17 fiscal year.
18     (q) The Department may receive and use, in their entirety,
19 for the benefit of children any gift, donation or bequest of
20 money or other property which is received on behalf of such
21 children, or any financial benefits to which such children are
22 or may become entitled while under the jurisdiction or care of
23 the Department.
24     The Department shall set up and administer no-cost,
25 interest-bearing accounts in appropriate financial
26 institutions for children for whom the Department is legally

 

 

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1 responsible and who have been determined eligible for Veterans'
2 Benefits, Social Security benefits, assistance allotments from
3 the armed forces, court ordered payments, parental voluntary
4 payments, Supplemental Security Income, Railroad Retirement
5 payments, Black Lung benefits, or other miscellaneous
6 payments. Interest earned by each account shall be credited to
7 the account, unless disbursed in accordance with this
8 subsection.
9     In disbursing funds from children's accounts, the
10 Department shall:
11         (1) Establish standards in accordance with State and
12     federal laws for disbursing money from children's
13     accounts. In all circumstances, the Department's
14     "Guardianship Administrator" or his or her designee must
15     approve disbursements from children's accounts. The
16     Department shall be responsible for keeping complete
17     records of all disbursements for each account for any
18     purpose.
19         (2) Calculate on a monthly basis the amounts paid from
20     State funds for the child's board and care, medical care
21     not covered under Medicaid, and social services; and
22     utilize funds from the child's account, as covered by
23     regulation, to reimburse those costs. Monthly,
24     disbursements from all children's accounts, up to 1/12 of
25     $13,000,000, shall be deposited by the Department into the
26     General Revenue Fund and the balance over 1/12 of

 

 

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1     $13,000,000 into the DCFS Children's Services Fund.
2         (3) Maintain any balance remaining after reimbursing
3     for the child's costs of care, as specified in item (2).
4     The balance shall accumulate in accordance with relevant
5     State and federal laws and shall be disbursed to the child
6     or his or her guardian, or to the issuing agency.
7     (r) The Department shall promulgate regulations
8 encouraging all adoption agencies to voluntarily forward to the
9 Department or its agent names and addresses of all persons who
10 have applied for and have been approved for adoption of a
11 hard-to-place or handicapped child and the names of such
12 children who have not been placed for adoption. A list of such
13 names and addresses shall be maintained by the Department or
14 its agent, and coded lists which maintain the confidentiality
15 of the person seeking to adopt the child and of the child shall
16 be made available, without charge, to every adoption agency in
17 the State to assist the agencies in placing such children for
18 adoption. The Department may delegate to an agent its duty to
19 maintain and make available such lists. The Department shall
20 ensure that such agent maintains the confidentiality of the
21 person seeking to adopt the child and of the child.
22     (s) The Department of Children and Family Services may
23 establish and implement a program to reimburse Department and
24 private child welfare agency foster parents licensed by the
25 Department of Children and Family Services for damages
26 sustained by the foster parents as a result of the malicious or

 

 

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1 negligent acts of foster children, as well as providing third
2 party coverage for such foster parents with regard to actions
3 of foster children to other individuals. Such coverage will be
4 secondary to the foster parent liability insurance policy, if
5 applicable. The program shall be funded through appropriations
6 from the General Revenue Fund, specifically designated for such
7 purposes.
8     (t) The Department shall perform home studies and
9 investigations and shall exercise supervision over visitation
10 as ordered by a court pursuant to the Illinois Marriage and
11 Dissolution of Marriage Act or the Adoption Act only if:
12         (1) an order entered by an Illinois court specifically
13     directs the Department to perform such services; and
14         (2) the court has ordered one or both of the parties to
15     the proceeding to reimburse the Department for its
16     reasonable costs for providing such services in accordance
17     with Department rules, or has determined that neither party
18     is financially able to pay.
19     The Department shall provide written notification to the
20 court of the specific arrangements for supervised visitation
21 and projected monthly costs within 60 days of the court order.
22 The Department shall send to the court information related to
23 the costs incurred except in cases where the court has
24 determined the parties are financially unable to pay. The court
25 may order additional periodic reports as appropriate.
26     (u) In addition to other information that must be provided,

 

 

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1 whenever the Department places a child with a prospective
2 adoptive parent or parents or in a licensed foster home, group
3 home, child care institution, or in a relative home, the
4 Department shall provide to the prospective adoptive parent or
5 parents or other caretaker:
6         (1) available detailed information concerning the
7     child's educational and health history, copies of
8     immunization records (including insurance and medical card
9     information), a history of the child's previous
10     placements, if any, and reasons for placement changes
11     excluding any information that identifies or reveals the
12     location of any previous caretaker;
13         (2) a copy of the child's portion of the client service
14     plan, including any visitation arrangement, and all
15     amendments or revisions to it as related to the child; and
16         (3) information containing details of the child's
17     individualized educational plan when the child is
18     receiving special education services.
19     The caretaker shall be informed of any known social or
20 behavioral information (including, but not limited to,
21 criminal background, fire setting, perpetuation of sexual
22 abuse, destructive behavior, and substance abuse) necessary to
23 care for and safeguard the children to be placed or currently
24 in the home. The Department may prepare a written summary of
25 the information required by this paragraph, which may be
26 provided to the foster or prospective adoptive parent in

 

 

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1 advance of a placement. The foster or prospective adoptive
2 parent may review the supporting documents in the child's file
3 in the presence of casework staff. In the case of an emergency
4 placement, casework staff shall at least provide known
5 information verbally, if necessary, and must subsequently
6 provide the information in writing as required by this
7 subsection.
8     The information described in this subsection shall be
9 provided in writing. In the case of emergency placements when
10 time does not allow prior review, preparation, and collection
11 of written information, the Department shall provide such
12 information as it becomes available. Within 10 business days
13 after placement, the Department shall obtain from the
14 prospective adoptive parent or parents or other caretaker a
15 signed verification of receipt of the information provided.
16 Within 10 business days after placement, the Department shall
17 provide to the child's guardian ad litem a copy of the
18 information provided to the prospective adoptive parent or
19 parents or other caretaker. The information provided to the
20 prospective adoptive parent or parents or other caretaker shall
21 be reviewed and approved regarding accuracy at the supervisory
22 level.
23     (u-5) Effective July 1, 1995, only foster care placements
24 licensed as foster family homes pursuant to the Child Care Act
25 of 1969 shall be eligible to receive foster care payments from
26 the Department. Relative caregivers who, as of July 1, 1995,

 

 

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1 were approved pursuant to approved relative placement rules
2 previously promulgated by the Department at 89 Ill. Adm. Code
3 335 and had submitted an application for licensure as a foster
4 family home may continue to receive foster care payments only
5 until the Department determines that they may be licensed as a
6 foster family home or that their application for licensure is
7 denied or until September 30, 1995, whichever occurs first.
8     (v) The Department shall access criminal history record
9 information as defined in the Illinois Uniform Conviction
10 Information Act and information maintained in the adjudicatory
11 and dispositional record system as defined in Section 2605-355
12 of the Department of State Police Law (20 ILCS 2605/2605-355)
13 if the Department determines the information is necessary to
14 perform its duties under the Abused and Neglected Child
15 Reporting Act, the Child Care Act of 1969, and the Children and
16 Family Services Act. The Department shall provide for
17 interactive computerized communication and processing
18 equipment that permits direct on-line communication with the
19 Department of State Police's central criminal history data
20 repository. The Department shall comply with all certification
21 requirements and provide certified operators who have been
22 trained by personnel from the Department of State Police. In
23 addition, one Office of the Inspector General investigator
24 shall have training in the use of the criminal history
25 information access system and have access to the terminal. The
26 Department of Children and Family Services and its employees

 

 

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1 shall abide by rules and regulations established by the
2 Department of State Police relating to the access and
3 dissemination of this information.
4     (v-1) Prior to final approval for placement of a child, the
5 Department shall conduct a criminal records background check of
6 the prospective foster or adoptive parent, including
7 fingerprint-based checks of national crime information
8 databases. Final approval for placement shall not be granted if
9 the record check reveals a felony conviction for child abuse or
10 neglect, for spousal abuse, for a crime against children, or
11 for a crime involving violence, including rape, sexual assault,
12 or homicide, but not including other physical assault or
13 battery, or if there is a felony conviction for physical
14 assault, battery, or a drug-related offense committed within
15 the past 5 years.
16     (v-2) Prior to final approval for placement of a child, the
17 Department shall check its child abuse and neglect registry for
18 information concerning prospective foster and adoptive
19 parents, and any adult living in the home. If any prospective
20 foster or adoptive parent or other adult living in the home has
21 resided in another state in the preceding 5 years, the
22 Department shall request a check of that other state's child
23 abuse and neglect registry.
24     (w) Within 120 days of August 20, 1995 (the effective date
25 of Public Act 89-392), the Department shall prepare and submit
26 to the Governor and the General Assembly, a written plan for

 

 

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1 the development of in-state licensed secure child care
2 facilities that care for children who are in need of secure
3 living arrangements for their health, safety, and well-being.
4 For purposes of this subsection, secure care facility shall
5 mean a facility that is designed and operated to ensure that
6 all entrances and exits from the facility, a building or a
7 distinct part of the building, are under the exclusive control
8 of the staff of the facility, whether or not the child has the
9 freedom of movement within the perimeter of the facility,
10 building, or distinct part of the building. The plan shall
11 include descriptions of the types of facilities that are needed
12 in Illinois; the cost of developing these secure care
13 facilities; the estimated number of placements; the potential
14 cost savings resulting from the movement of children currently
15 out-of-state who are projected to be returned to Illinois; the
16 necessary geographic distribution of these facilities in
17 Illinois; and a proposed timetable for development of such
18 facilities.
19 (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06;
20 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08;
21 95-876, eff. 8-21-08.)
 
22     Section 10. The Abused and Neglected Child Reporting Act is
23 amended by changing Section 8.2 as follows:
 
24     (325 ILCS 5/8.2)  (from Ch. 23, par. 2058.2)

 

 

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1     Sec. 8.2. If the Child Protective Service Unit determines,
2 following an investigation made pursuant to Section 7.4 of this
3 Act, that there is credible evidence that the child is abused
4 or neglected, the Department shall assess the family's need for
5 services, and, as necessary, develop, with the family, an
6 appropriate service plan for the family's voluntary acceptance
7 or refusal. In any case where there is evidence that the
8 perpetrator of the abuse or neglect is an addict or alcoholic
9 as defined in the Alcoholism and Other Drug Abuse and
10 Dependency Act, the Department, when making referrals for drug
11 or alcohol abuse services, shall make such referrals to
12 facilities licensed by the Department of Human Services or the
13 Department of Public Health. The Department shall comply with
14 Section 8.1 by explaining its lack of legal authority to compel
15 the acceptance of services and may explain its concomitant
16 authority to petition the Circuit court under the Juvenile
17 Court Act of 1987 or refer the case to the local law
18 enforcement authority or State's attorney for criminal
19 prosecution.
20     For purposes of this Act, the term "family preservation
21 services" refers to all services to help families, including
22 adoptive and extended families. Family preservation services
23 shall be offered, where safe and appropriate, to prevent the
24 placement of children in substitute care when the children can
25 be cared for at home or in the custody of the person
26 responsible for the children's welfare without endangering the

 

 

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1 children's health or safety, to reunite them with their
2 families if so placed when reunification is an appropriate
3 goal, or to maintain an adoptive placement. The term
4 "homemaker" includes emergency caretakers, homemakers,
5 caretakers, housekeepers and chore services. The term
6 "counseling" includes individual therapy, infant stimulation
7 therapy, family therapy, group therapy, self-help groups, drug
8 and alcohol abuse counseling, vocational counseling and
9 post-adoptive services. The term "day care" includes
10 protective day care and day care to meet educational,
11 prevocational or vocational needs. The term "emergency
12 assistance and advocacy" includes coordinated services to
13 secure emergency cash, food, housing and medical assistance or
14 advocacy for other subsistence and family protective needs.
15     Before July 1, 2000, appropriate family preservation
16 services shall, subject to appropriation, be included in the
17 service plan if the Department has determined that those
18 services will ensure the child's health and safety, are in the
19 child's best interests, and will not place the child in
20 imminent risk of harm. Beginning July 1, 2000, appropriate
21 family preservation services shall be uniformly available
22 throughout the State. The Department shall promptly notify
23 children and families of the Department's responsibility to
24 offer and provide family preservation services as identified in
25 the service plan. Such plans may include but are not limited
26 to: case management services; homemakers; counseling; parent

 

 

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1 education; day care; emergency assistance and advocacy
2 assessments; respite care; in-home health care; transportation
3 to obtain any of the above services; and medical assistance.
4 Nothing in this paragraph shall be construed to create a
5 private right of action or claim on the part of any individual
6 or child welfare agency, except that when a child is the
7 subject of an action under Article II of the Juvenile Court Act
8 of 1987 and the child's service plan calls for services to
9 facilitate achievement of the permanency goal, the court
10 hearing the action under Article II of the Juvenile Court Act
11 of 1987 may order the Department to provide the services set
12 out in the plan, if those services are not provided with
13 reasonable promptness and if those services are available.
14     The Department shall provide a preliminary report to the
15 General Assembly no later than January 1, 1991, in regard to
16 the provision of services authorized pursuant to this Section.
17 The report shall include:
18         (a) the number of families and children served, by type
19     of services;
20         (b) the outcome from the provision of such services,
21     including the number of families which remained intact at
22     least 6 months following the termination of services;
23         (c) the number of families which have been subjects of
24     founded reports of abuse following the termination of
25     services;
26         (d) an analysis of general family circumstances in

 

 

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1     which family preservation services have been determined to
2     be an effective intervention;
3         (e) information regarding the number of families in
4     need of services but unserved due to budget or program
5     criteria guidelines;
6         (f) an estimate of the time necessary for and the
7     annual cost of statewide implementation of such services;
8         (g) an estimate of the length of time before expansion
9     of these services will be made to include families with
10     children over the age of 6; and
11         (h) recommendations regarding any proposed legislative
12     changes to this program.
13     Each Department field office shall maintain on a local
14 basis directories of services available to children and
15 families in the local area where the Department office is
16 located.
17     The Department shall refer children and families served
18 pursuant to this Section to private agencies and governmental
19 agencies, where available.
20     Where there are 2 equal proposals from both a
21 not-for-profit and a for-profit agency to provide services, the
22 Department shall give preference to the proposal from the
23 not-for-profit agency.
24     No service plan shall compel any child or parent to engage
25 in any activity or refrain from any activity which is not
26 reasonably related to remedying a condition or conditions that

 

 

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1 gave rise or which could give rise to any finding of child
2 abuse or neglect.
3 (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
4 eff. 7-1-97; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
 
5     Section 15. The Juvenile Court Act of 1987 is amended by
6 changing Sections 2-23 and 2-28 and by adding Section 2-34 as
7 follows:
 
8     (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
9     Sec. 2-23. Kinds of dispositional orders.
10     (1) The following kinds of orders of disposition may be
11 made in respect of wards of the court:
12         (a) A minor under 18 years of age found to be neglected
13     or abused under Section 2-3 or dependent under Section 2-4
14     may be (1) continued in the custody of his or her parents,
15     guardian or legal custodian; (2) placed in accordance with
16     Section 2-27; (3) restored to the custody of the parent,
17     parents, guardian, or legal custodian, provided the court
18     shall order the parent, parents, guardian, or legal
19     custodian to cooperate with the Department of Children and
20     Family Services and comply with the terms of an after-care
21     plan or risk the loss of custody of the child and the
22     possible termination of their parental rights; or (4)
23     ordered partially or completely emancipated in accordance
24     with the provisions of the Emancipation of Minors Act.

 

 

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1         However, in any case in which a minor is found by the
2     court to be neglected or abused under Section 2-3 of this
3     Act, custody of the minor shall not be restored to any
4     parent, guardian or legal custodian whose acts or omissions
5     or both have been identified, pursuant to subsection (1) of
6     Section 2-21, as forming the basis for the court's finding
7     of abuse or neglect, until such time as a hearing is held
8     on the issue of the best interests of the minor and the
9     fitness of such parent, guardian or legal custodian to care
10     for the minor without endangering the minor's health or
11     safety, and the court enters an order that such parent,
12     guardian or legal custodian is fit to care for the minor.
13         (b) A minor under 18 years of age found to be dependent
14     under Section 2-4 may be (1) placed in accordance with
15     Section 2-27 or (2) ordered partially or completely
16     emancipated in accordance with the provisions of the
17     Emancipation of Minors Act.
18         However, in any case in which a minor is found by the
19     court to be dependent under Section 2-4 of this Act,
20     custody of the minor shall not be restored to any parent,
21     guardian or legal custodian whose acts or omissions or both
22     have been identified, pursuant to subsection (1) of Section
23     2-21, as forming the basis for the court's finding of
24     dependency, until such time as a hearing is held on the
25     issue of the fitness of such parent, guardian or legal
26     custodian to care for the minor without endangering the

 

 

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1     minor's health or safety, and the court enters an order
2     that such parent, guardian or legal custodian is fit to
3     care for the minor.
4         (c) When the court awards guardianship to the
5     Department of Children and Family Services, the court shall
6     order the parents to cooperate with the Department of
7     Children and Family Services, comply with the terms of the
8     service plans, and correct the conditions that require the
9     child to be in care, or risk termination of their parental
10     rights.
11     (2) Any order of disposition may provide for protective
12 supervision under Section 2-24 and may include an order of
13 protection under Section 2-25.
14     Unless the order of disposition expressly so provides, it
15 does not operate to close proceedings on the pending petition,
16 but is subject to modification, not inconsistent with Section
17 2-28, until final closing and discharge of the proceedings
18 under Section 2-31.
19     (3) The court also shall enter any other orders necessary
20 to fulfill the service plan, including, but not limited to, (i)
21 orders requiring parties to cooperate with services, (ii)
22 restraining orders controlling the conduct of any party likely
23 to frustrate the achievement of the goal, and (iii) visiting
24 orders. Unless otherwise specifically authorized by law, the
25 court is not empowered under this subsection (3) to order
26 specific placements, specific services, or specific service

 

 

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1 providers to be included in the plan. If, after receiving
2 evidence, the court determines that the services contained in
3 the plan are not reasonably calculated to facilitate
4 achievement of the permanency goal, the court shall put in
5 writing the factual basis supporting the determination and
6 enter specific findings based on the evidence. The court also
7 shall enter an order for the Department to develop and
8 implement a new service plan or to implement changes to the
9 current service plan consistent with the court's findings. The
10 new service plan shall be filed with the court and served on
11 all parties within 45 days after the date of the order. The
12 court shall continue the matter until the new service plan is
13 filed. Unless otherwise specifically authorized by law, the
14 court is not empowered under this subsection (3) or under
15 subsection (2) to order specific placements, specific
16 services, or specific service providers to be included in the
17 plan. If the court concludes that the Department of Children
18 and Family Services has abused its discretion in setting the
19 current service plan or permanency goal for the minor, the
20 court shall enter specific findings in writing based on the
21 evidence and shall enter an order for the Department to develop
22 and implement a new permanency goal and service plan consistent
23 with the court's findings. The new service plan shall be filed
24 with the court and served on all parties. The court shall
25 continue the matter until the new service plan is filed.
26     (4) In addition to any other order of disposition, the

 

 

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1 court may order any minor adjudicated neglected with respect to
2 his or her own injurious behavior to make restitution, in
3 monetary or non-monetary form, under the terms and conditions
4 of Section 5-5-6 of the Unified Code of Corrections, except
5 that the "presentence hearing" referred to therein shall be the
6 dispositional hearing for purposes of this Section. The parent,
7 guardian or legal custodian of the minor may pay some or all of
8 such restitution on the minor's behalf.
9     (5) Any order for disposition where the minor is committed
10 or placed in accordance with Section 2-27 shall provide for the
11 parents or guardian of the estate of such minor to pay to the
12 legal custodian or guardian of the person of the minor such
13 sums as are determined by the custodian or guardian of the
14 person of the minor as necessary for the minor's needs. Such
15 payments may not exceed the maximum amounts provided for by
16 Section 9.1 of the Children and Family Services Act.
17     (6) Whenever the order of disposition requires the minor to
18 attend school or participate in a program of training, the
19 truant officer or designated school official shall regularly
20 report to the court if the minor is a chronic or habitual
21 truant under Section 26-2a of the School Code.
22     (7) The court may terminate the parental rights of a parent
23 at the initial dispositional hearing if all of the conditions
24 in subsection (5) of Section 2-21 are met.
25 (Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1     (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
2     Sec. 2-28. Court review.
3     (1) The court may require any legal custodian or guardian
4 of the person appointed under this Act to report periodically
5 to the court or may cite him into court and require him or his
6 agency, to make a full and accurate report of his or its doings
7 in behalf of the minor. The custodian or guardian, within 10
8 days after such citation, shall make the report, either in
9 writing verified by affidavit or orally under oath in open
10 court, or otherwise as the court directs. Upon the hearing of
11 the report the court may remove the custodian or guardian and
12 appoint another in his stead or restore the minor to the
13 custody of his parents or former guardian or custodian.
14 However, custody of the minor shall not be restored to any
15 parent, guardian or legal custodian in any case in which the
16 minor is found to be neglected or abused under Section 2-3 or
17 dependent under Section 2-4 of this Act, unless the minor can
18 be cared for at home without endangering the minor's health or
19 safety and it is in the best interests of the minor, and if
20 such neglect, abuse, or dependency is found by the court under
21 paragraph (1) of Section 2-21 of this Act to have come about
22 due to the acts or omissions or both of such parent, guardian
23 or legal custodian, until such time as an investigation is made
24 as provided in paragraph (5) and a hearing is held on the issue
25 of the fitness of such parent, guardian or legal custodian to
26 care for the minor and the court enters an order that such

 

 

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1 parent, guardian or legal custodian is fit to care for the
2 minor.
3     (2) The first permanency hearing shall be conducted by the
4 judge. Subsequent permanency hearings may be heard by a judge
5 or by hearing officers appointed or approved by the court in
6 the manner set forth in Section 2-28.1 of this Act. The initial
7 hearing shall be held (a) within 12 months from the date
8 temporary custody was taken, (b) if the parental rights of both
9 parents have been terminated in accordance with the procedure
10 described in subsection (5) of Section 2-21, within 30 days of
11 the order for termination of parental rights and appointment of
12 a guardian with power to consent to adoption, or (c) in
13 accordance with subsection (2) of Section 2-13.1. Subsequent
14 permanency hearings shall be held every 6 months or more
15 frequently if necessary in the court's determination following
16 the initial permanency hearing, in accordance with the
17 standards set forth in this Section, until the court determines
18 that the plan and goal have been achieved. Once the plan and
19 goal have been achieved, if the minor remains in substitute
20 care, the case shall be reviewed at least every 6 months
21 thereafter, subject to the provisions of this Section, unless
22 the minor is placed in the guardianship of a suitable relative
23 or other person and the court determines that further
24 monitoring by the court does not further the health, safety or
25 best interest of the child and that this is a stable permanent
26 placement. The permanency hearings must occur within the time

 

 

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1 frames set forth in this subsection and may not be delayed in
2 anticipation of a report from any source or due to the agency's
3 failure to timely file its written report (this written report
4 means the one required under the next paragraph and does not
5 mean the service plan also referred to in that paragraph).
6     The public agency that is the custodian or guardian of the
7 minor, or another agency responsible for the minor's care,
8 shall ensure that all parties to the permanency hearings are
9 provided a copy of the most recent service plan prepared within
10 the prior 6 months at least 14 days in advance of the hearing.
11 If not contained in the plan, the agency shall also include a
12 report setting forth (i) any special physical, psychological,
13 educational, medical, emotional, or other needs of the minor or
14 his or her family that are relevant to a permanency or
15 placement determination and (ii) for any minor age 16 or over,
16 a written description of the programs and services that will
17 enable the minor to prepare for independent living. The
18 agency's written report must detail what progress or lack of
19 progress the parent has made in correcting the conditions
20 requiring the child to be in care; whether the child can be
21 returned home without jeopardizing the child's health, safety,
22 and welfare, and if not, what permanency goal is recommended to
23 be in the best interests of the child, and why the other
24 permanency goals are not appropriate. The caseworker must
25 appear and testify at the permanency hearing. If a permanency
26 hearing has not previously been scheduled by the court, the

 

 

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1 moving party shall move for the setting of a permanency hearing
2 and the entry of an order within the time frames set forth in
3 this subsection.
4     At the permanency hearing, the court shall determine the
5 future status of the child. The court shall set one of the
6 following permanency goals:
7         (A) The minor will be returned home by a specific date
8     within 5 months.
9         (B) The minor will be in short-term care with a
10     continued goal to return home within a period not to exceed
11     one year, where the progress of the parent or parents is
12     substantial giving particular consideration to the age and
13     individual needs of the minor.
14         (B-1) The minor will be in short-term care with a
15     continued goal to return home pending a status hearing.
16     When the court finds that a parent has not made reasonable
17     efforts or reasonable progress to date, the court shall
18     identify what actions the parent and the Department must
19     take in order to justify a finding of reasonable efforts or
20     reasonable progress and shall set a status hearing to be
21     held not earlier than 9 months from the date of
22     adjudication nor later than 11 months from the date of
23     adjudication during which the parent's progress will again
24     be reviewed.
25         (C) The minor will be in substitute care pending court
26     determination on termination of parental rights.

 

 

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1         (D) Adoption, provided that parental rights have been
2     terminated or relinquished.
3         (E) The guardianship of the minor will be transferred
4     to an individual or couple on a permanent basis provided
5     that goals (A) through (D) have been ruled out.
6         (F) The minor over age 15 will be in substitute care
7     pending independence.
8         (G) The minor will be in substitute care because he or
9     she cannot be provided for in a home environment due to
10     developmental disabilities or mental illness or because he
11     or she is a danger to self or others, provided that goals
12     (A) through (D) have been ruled out.
13     In selecting any permanency goal, the court shall indicate
14 in writing the reasons the goal was selected and why the
15 preceding goals were ruled out. Where the court has selected a
16 permanency goal other than (A), (B), or (B-1), the Department
17 of Children and Family Services shall not provide further
18 reunification services, but shall provide services consistent
19 with the goal selected.
20         (H) Notwithstanding any other provision in this
21     Section, the court may select the goal of continuing foster
22     care as a permanency goal if:
23             (1) The Department of Children and Family Services
24         has custody and guardianship of the minor;
25             (2) The court has ruled out all other permanency
26         goals based on the child's best interest;

 

 

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1             (3) The court has found compelling reasons, based
2         on written documentation reviewed by the court, to
3         place the minor in continuing foster care. Compelling
4         reasons include:
5                 (a) the child does not wish to be adopted or to
6             be placed in the guardianship of his or her
7             relative or foster care placement;
8                 (b) the child exhibits an extreme level of need
9             such that the removal of the child from his or her
10             placement would be detrimental to the child; or
11                 (c) the child who is the subject of the
12             permanency hearing has existing close and strong
13             bonds with a sibling, and achievement of another
14             permanency goal would substantially interfere with
15             the subject child's sibling relationship, taking
16             into consideration the nature and extent of the
17             relationship, and whether ongoing contact is in
18             the subject child's best interest, including
19             long-term emotional interest, as compared with the
20             legal and emotional benefit of permanence;
21             (4) The child has lived with the relative or foster
22         parent for at least one year; and
23             (5) The relative or foster parent currently caring
24         for the child is willing and capable of providing the
25         child with a stable and permanent environment.
26     The court shall set a permanency goal that is in the best

 

 

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1 interest of the child. In determining that goal, the court
2 shall consult with the minor in an age-appropriate manner
3 regarding the proposed permanency or transition plan for the
4 minor. The court's determination shall include the following
5 factors:
6         (1) Age of the child.
7         (2) Options available for permanence, including both
8     out-of-State and in-State placement options.
9         (3) Current placement of the child and the intent of
10     the family regarding adoption.
11         (4) Emotional, physical, and mental status or
12     condition of the child.
13         (5) Types of services previously offered and whether or
14     not the services were successful and, if not successful,
15     the reasons the services failed.
16         (6) Availability of services currently needed and
17     whether the services exist.
18         (7) Status of siblings of the minor.
19     The court shall consider (i) the permanency goal contained
20 in the service plan, (ii) the appropriateness of the services
21 contained in the plan and whether those services have been
22 provided, (iii) whether reasonable efforts have been made by
23 all the parties to the service plan to achieve the goal, and
24 (iv) whether the plan and goal have been achieved. All evidence
25 relevant to determining these questions, including oral and
26 written reports, may be admitted and may be relied on to the

 

 

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1 extent of their probative value.
2     The court shall make findings as to whether, in violation
3 of Section 8.2 of the Abused and Neglected Child Reporting Act,
4 any portion of the service plan compels a child or parent to
5 engage in any activity or refrain from any activity that is not
6 reasonably related to remedying a condition or conditions that
7 gave rise or which could give rise to any finding of child
8 abuse or neglect.
9     If the permanency goal is to return home, the court shall
10 make findings that identify any problems that are causing
11 continued placement of the children away from the home and
12 identify what outcomes would be considered a resolution to
13 these problems. The court shall explain to the parents that
14 these findings are based on the information that the court has
15 at that time and may be revised, should additional evidence be
16 presented to the court.
17     If the goal has been achieved, the court shall enter orders
18 that are necessary to conform the minor's legal custody and
19 status to those findings.
20     If, after receiving evidence, the court determines that the
21 services contained in the plan are not reasonably calculated to
22 facilitate achievement of the permanency goal, the court shall
23 put in writing the factual basis supporting the determination
24 and enter specific findings based on the evidence. The court
25 also shall enter an order for the Department to develop and
26 implement a new service plan or to implement changes to the

 

 

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1 current service plan consistent with the court's findings. The
2 new service plan shall be filed with the court and served on
3 all parties within 45 days of the date of the order. The court
4 shall continue the matter until the new service plan is filed.
5 Unless otherwise specifically authorized by law, the court is
6 not empowered under this subsection (2) or under subsection (3)
7 to order specific placements, specific services, or specific
8 service providers to be included in the plan.
9     A guardian or custodian appointed by the court pursuant to
10 this Act shall file updated case plans with the court every 6
11 months.
12     Rights of wards of the court under this Act are enforceable
13 against any public agency by complaints for relief by mandamus
14 filed in any proceedings brought under this Act.
15     (3) Following the permanency hearing, the court shall enter
16 a written order that includes the determinations required under
17 subsection (2) of this Section and sets forth the following:
18         (a) The future status of the minor, including the
19     permanency goal, and any order necessary to conform the
20     minor's legal custody and status to such determination; or
21         (b) If the permanency goal of the minor cannot be
22     achieved immediately, the specific reasons for continuing
23     the minor in the care of the Department of Children and
24     Family Services or other agency for short term placement,
25     and the following determinations:
26             (i) (Blank).

 

 

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1             (ii) Whether the services required by the court and
2         by any service plan prepared within the prior 6 months
3         have been provided and (A) if so, whether the services
4         were reasonably calculated to facilitate the
5         achievement of the permanency goal or (B) if not
6         provided, why the services were not provided.
7             (iii) Whether the minor's placement is necessary,
8         and appropriate to the plan and goal, recognizing the
9         right of minors to the least restrictive (most
10         family-like) setting available and in close proximity
11         to the parents' home consistent with the health,
12         safety, best interest and special needs of the minor
13         and, if the minor is placed out-of-State, whether the
14         out-of-State placement continues to be appropriate and
15         consistent with the health, safety, and best interest
16         of the minor.
17             (iv) (Blank).
18             (v) (Blank).
19     (4) The minor or any person interested in the minor may
20 apply to the court for a change in custody of the minor and the
21 appointment of a new custodian or guardian of the person or for
22 the restoration of the minor to the custody of his parents or
23 former guardian or custodian.
24     When return home is not selected as the permanency goal:
25         (a) The Department, the minor, or the current foster
26     parent or relative caregiver seeking private guardianship

 

 

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1     may file a motion for private guardianship of the minor.
2     Appointment of a guardian under this Section requires
3     approval of the court.
4         (b) The State's Attorney may file a motion to terminate
5     parental rights of any parent who has failed to make
6     reasonable efforts to correct the conditions which led to
7     the removal of the child or reasonable progress toward the
8     return of the child, as defined in subdivision (D)(m) of
9     Section 1 of the Adoption Act or for whom any other
10     unfitness ground for terminating parental rights as
11     defined in subdivision (D) of Section 1 of the Adoption Act
12     exists.
13         When parental rights have been terminated for a minimum
14     of 3 years and the child who is the subject of the
15     permanency hearing is 13 years old or older and is not
16     currently placed in a placement likely to achieve
17     permanency, the Department of Children and Family Services
18     shall make reasonable efforts to locate parents whose
19     rights have been terminated, except when the Court
20     determines that those efforts would be futile or
21     inconsistent with the subject child's best interests. The
22     Department of Children and Family Services shall assess the
23     appropriateness of the parent whose rights have been
24     terminated, and shall, as appropriate, foster and support
25     connections between the parent whose rights have been
26     terminated and the youth. The Department of Children and

 

 

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1     Family Services shall document its determinations and
2     efforts to foster connections in the child's case plan.
3     Custody of the minor shall not be restored to any parent,
4 guardian or legal custodian in any case in which the minor is
5 found to be neglected or abused under Section 2-3 or dependent
6 under Section 2-4 of this Act, unless the minor can be cared
7 for at home without endangering his or her health or safety and
8 it is in the best interest of the minor, and if such neglect,
9 abuse, or dependency is found by the court under paragraph (1)
10 of Section 2-21 of this Act to have come about due to the acts
11 or omissions or both of such parent, guardian or legal
12 custodian, until such time as an investigation is made as
13 provided in paragraph (5) and a hearing is held on the issue of
14 the health, safety and best interest of the minor and the
15 fitness of such parent, guardian or legal custodian to care for
16 the minor and the court enters an order that such parent,
17 guardian or legal custodian is fit to care for the minor. In
18 the event that the minor has attained 18 years of age and the
19 guardian or custodian petitions the court for an order
20 terminating his guardianship or custody, guardianship or
21 custody shall terminate automatically 30 days after the receipt
22 of the petition unless the court orders otherwise. No legal
23 custodian or guardian of the person may be removed without his
24 consent until given notice and an opportunity to be heard by
25 the court.
26     When the court orders a child restored to the custody of

 

 

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1 the parent or parents, the court shall order the parent or
2 parents to cooperate with the Department of Children and Family
3 Services and comply with the terms of an after-care plan, or
4 risk the loss of custody of the child and possible termination
5 of their parental rights. The court may also enter an order of
6 protective supervision in accordance with Section 2-24.
7     (5) Whenever a parent, guardian, or legal custodian files a
8 motion for restoration of custody of the minor, and the minor
9 was adjudicated neglected, abused, or dependent as a result of
10 physical abuse, the court shall cause to be made an
11 investigation as to whether the movant has ever been charged
12 with or convicted of any criminal offense which would indicate
13 the likelihood of any further physical abuse to the minor.
14 Evidence of such criminal convictions shall be taken into
15 account in determining whether the minor can be cared for at
16 home without endangering his or her health or safety and
17 fitness of the parent, guardian, or legal custodian.
18         (a) Any agency of this State or any subdivision thereof
19     shall co-operate with the agent of the court in providing
20     any information sought in the investigation.
21         (b) The information derived from the investigation and
22     any conclusions or recommendations derived from the
23     information shall be provided to the parent, guardian, or
24     legal custodian seeking restoration of custody prior to the
25     hearing on fitness and the movant shall have an opportunity
26     at the hearing to refute the information or contest its

 

 

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1     significance.
2         (c) All information obtained from any investigation
3     shall be confidential as provided in Section 5-150 of this
4     Act.
5 (Source: P.A. 95-10, eff. 6-30-07; 95-182, eff. 8-14-07;
6 95-876, eff. 8-21-08.)
 
7     (705 ILCS 405/2-34 new)
8     Sec. 2-34. Motion to reinstate parental rights.
9     (1) For purposes of this subsection (1), the term "parent"
10 refers to the person or persons whose rights were terminated as
11 described in paragraph (a) of this subsection; and the term
12 "minor" means a person under the age of 21 years subject to
13 this Act for whom the Department of Children and Family
14 Services Guardianship Administrator is appointed the temporary
15 custodian or guardian.
16     A motion to reinstate parental rights may be filed only by
17 the Department of Children and Family Services regarding any
18 minor who is presently a ward of the court under Article II of
19 this Act when all the conditions set out in paragraphs (a),
20 (b), (c), (d), (e), (f), and (g) of this subsection (1) are
21 met:
22         (a) while the minor was under the jurisdiction of the
23     court under Article II of this Act, the minor's parent or
24     parents surrendered the minor for adoption to an agency
25     legally authorized to place children for adoption, or the

 

 

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1     minor's parent or parents consented to his or her adoption,
2     or the minor's parent or parents consented to his or her
3     adoption by a specified person or persons, or the parent or
4     parents' rights were terminated pursuant to a finding of
5     unfitness pursuant to Section 2-29 of this Act and a
6     guardian was appointed with the power to consent to
7     adoption pursuant to Section 2-29 of this Act; and
8         (b) (i) since the signing of the surrender, the signing
9     of the consent, or the unfitness finding, the minor has
10     remained a ward of the Court under Article II of this Act;
11     or
12             (ii) the minor was made a ward of the Court, the
13         minor was placed in the private guardianship of an
14         individual or individuals, and after the appointment
15         of a private guardian, the minor was again brought to
16         the attention of the Juvenile Court and the private
17         guardianship was vacated; or
18             (iii) the minor was made a ward of the Court,
19         wardship was terminated after the minor was adopted,
20         after the adoption the minor was again brought to the
21         attention of the Juvenile Court and made a ward of the
22         Court under Article II of this Act, and either (i) the
23         adoptive parent or parents are deceased, (ii) the
24         adoptive parent or parents signed a surrender of
25         parental rights, or (iii) the parental rights of the
26         adoptive parent or parents were terminated;

 

 

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1         (c) the minor is not currently in a placement likely to
2     achieve permanency;
3         (d) it is in the minor's best interest that parental
4     rights be reinstated;
5         (e) the parent named in the motion wishes parental
6     rights to be reinstated and is currently appropriate to
7     have rights reinstated;
8         (f) more than 3 years have lapsed since the signing of
9     the consent or surrender, or the entry of the order
10     appointing a guardian with the power to consent to
11     adoption;
12         (g) (i) the child is 13 years of age or older or (ii)
13     the child is the younger sibling of such child, 13 years of
14     age or older, for whom reinstatement of parental rights is
15     being sought and the younger sibling independently meets
16     the criteria set forth in paragraphs (a) through (h) of
17     this subsection; and
18         (h) if the court has previously denied a motion to
19     reinstate parental rights filed by the Department, there
20     has been a substantial change in circumstances following
21     the denial of the earlier motion.
22     (2) The motion may be filed only by the Department of
23 Children and Family Services. Unless excused by the court for
24 good cause shown, the movant shall give notice of the time and
25 place of the hearing on the motion, in person or by mail, to
26 the parties to the juvenile court proceeding. Notice shall be

 

 

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1 provided at least 14 days in advance of the hearing date. The
2 motion shall include the allegations required in subsection (1)
3 of this Section.
4     (3) Any party may file a motion to dismiss the motion with
5 prejudice on the basis that the parent has intentionally acted
6 to prevent the child from being adopted, after parental rights
7 were terminated or the parent intentionally acted to disrupt
8 the child's adoption. If the court finds by a preponderance of
9 the evidence that the parent has intentionally acted to prevent
10 the child from being adopted, after parental rights were
11 terminated or that the parent intentionally acted to disrupt
12 the child's adoption, the court shall dismiss the petition with
13 prejudice.
14     (4) The court shall not grant a motion for reinstatement of
15 parental rights unless the court finds that the motion is
16 supported by clear and convincing evidence. In ruling on a
17 motion to reinstate parental rights, the court shall make
18 findings consistent with the requirements in subsection (1) of
19 this Section. The court shall consider the reasons why the
20 child was initially brought to the attention of the court, the
21 history of the child's case as it relates to the parent seeking
22 reinstatement, and the current circumstances of the parent for
23 whom reinstatement of rights is sought. If reinstatement is
24 being considered subsequent to a finding of unfitness pursuant
25 to Section 2-29 of this Act having been entered with respect to
26 the parent whose rights are being restored, the court in

 

 

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1 determining the minor's best interest shall consider, in
2 addition to the factors set forth in paragraph (4.05) of
3 Section 1-3 of this Act, the specific grounds upon which the
4 unfitness findings were made. Upon the entry of an order
5 granting a motion to reinstate parental rights, parental rights
6 of the parent named in the order shall be reinstated, any
7 previous order appointing a guardian with the power to consent
8 to adoption shall be void and with respect to the parent named
9 in the order, any consent shall be void.
10     (5) If the case is post-disposition, the court, upon the
11 entry of an order granting a motion to reinstate parental
12 rights, shall schedule the matter for a permanency hearing
13 pursuant to Section 2-28 of this Act within 45 days.
14     (6) Custody of the minor shall not be restored to the
15 parent, except by order of court pursuant to subsection (4) of
16 Section 2-28 of this Act.
17     (7) In any case involving a child over the age of 13 who
18 meets the criteria established in this Section for
19 reinstatement of parental rights, the Department of Children
20 and Family Services shall conduct an assessment of the child's
21 circumstances to assist in future planning for the child,
22 including, but not limited to a determination regarding the
23 appropriateness of filing a motion to reinstate parental
24 rights.
25     (8) This Section is repealed 4 years after the effective
26 date of this amendatory Act of the 96th General Assembly.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.