SB3325 EnrolledLRB097 14106 KTG 58776 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 8.2 as follows:
 
6    (325 ILCS 5/8.2)  (from Ch. 23, par. 2058.2)
7    Sec. 8.2. If the Child Protective Service Unit determines,
8following an investigation made pursuant to Section 7.4 of this
9Act, that there is credible evidence that the child is abused
10or neglected, the Department shall assess the family's need for
11services, and, as necessary, develop, with the family, an
12appropriate service plan for the family's voluntary acceptance
13or refusal. In any case where there is evidence that the
14perpetrator of the abuse or neglect is an addict or alcoholic
15as defined in the Alcoholism and Other Drug Abuse and
16Dependency Act, the Department, when making referrals for drug
17or alcohol abuse services, shall make such referrals to
18facilities licensed by the Department of Human Services or the
19Department of Public Health. The Department shall comply with
20Section 8.1 by explaining its lack of legal authority to compel
21the acceptance of services and may explain its concomitant
22authority to petition the Circuit court under the Juvenile
23Court Act of 1987 or refer the case to the local law

 

 

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1enforcement authority or State's attorney for criminal
2prosecution.
3    For purposes of this Act, the term "family preservation
4services" refers to all services to help families, including
5adoptive and extended families. Family preservation services
6shall be offered, where safe and appropriate, to prevent the
7placement of children in substitute care when the children can
8be cared for at home or in the custody of the person
9responsible for the children's welfare without endangering the
10children's health or safety, to reunite them with their
11families if so placed when reunification is an appropriate
12goal, or to maintain an adoptive placement. The term
13"homemaker" includes emergency caretakers, homemakers,
14caretakers, housekeepers and chore services. The term
15"counseling" includes individual therapy, infant stimulation
16therapy, family therapy, group therapy, self-help groups, drug
17and alcohol abuse counseling, vocational counseling and
18post-adoptive services. The term "day care" includes
19protective day care and day care to meet educational,
20prevocational or vocational needs. The term "emergency
21assistance and advocacy" includes coordinated services to
22secure emergency cash, food, housing and medical assistance or
23advocacy for other subsistence and family protective needs.
24    Before July 1, 2000, appropriate family preservation
25services shall, subject to appropriation, be included in the
26service plan if the Department has determined that those

 

 

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1services will ensure the child's health and safety, are in the
2child's best interests, and will not place the child in
3imminent risk of harm. Beginning July 1, 2000, appropriate
4family preservation services shall be uniformly available
5throughout the State. The Department shall promptly notify
6children and families of the Department's responsibility to
7offer and provide family preservation services as identified in
8the service plan. Such plans may include but are not limited
9to: case management services; homemakers; counseling; parent
10education; day care; emergency assistance and advocacy
11assessments; respite care; in-home health care; transportation
12to obtain any of the above services; and medical assistance.
13Nothing in this paragraph shall be construed to create a
14private right of action or claim on the part of any individual
15or child welfare agency, except that when a child is the
16subject of an action under Article II of the Juvenile Court Act
17of 1987 and the child's service plan calls for services to
18facilitate achievement of the permanency goal, the court
19hearing the action under Article II of the Juvenile Court Act
20of 1987 may order the Department to provide the services set
21out in the plan, if those services are not provided with
22reasonable promptness and if those services are available.
23    The Department shall provide a preliminary report to the
24General Assembly no later than January 1, 1991, in regard to
25the provision of services authorized pursuant to this Section.
26The report shall include:

 

 

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1        (a) the number of families and children served, by type
2    of services;
3        (b) the outcome from the provision of such services,
4    including the number of families which remained intact at
5    least 6 months following the termination of services;
6        (c) the number of families which have been subjects of
7    founded reports of abuse following the termination of
8    services;
9        (d) an analysis of general family circumstances in
10    which family preservation services have been determined to
11    be an effective intervention;
12        (e) information regarding the number of families in
13    need of services but unserved due to budget or program
14    criteria guidelines;
15        (f) an estimate of the time necessary for and the
16    annual cost of statewide implementation of such services;
17        (g) an estimate of the length of time before expansion
18    of these services will be made to include families with
19    children over the age of 6; and
20        (h) recommendations regarding any proposed legislative
21    changes to this program.
22    Each Department field office shall maintain on a local
23basis directories of services available to children and
24families in the local area where the Department office is
25located.
26    The Department shall refer children and families served

 

 

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1pursuant to this Section to private agencies and governmental
2agencies, where available.
3    Where there are 2 equal proposals from both a
4not-for-profit and a for-profit agency to provide services, the
5Department shall give preference to the proposal from the
6not-for-profit agency.
7    No service plan shall compel any child or parent to engage
8in any activity or refrain from any activity which is not
9reasonably related to remedying a condition or conditions that
10gave rise or which could give rise to any finding of child
11abuse or neglect.
12(Source: P.A. 96-600, eff. 8-21-09.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.