HB3507 EngrossedLRB099 11087 KTG 31488 b

1    AN ACT concerning State government.
 
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 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child 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 21 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
12the expenditure of public funds for the purpose of performing
13abortions.
14    (c) The Department shall establish and maintain
15tax-supported child welfare services and extend and seek to
16improve voluntary services throughout the State, to the end
17that services and care shall be available on an equal basis
18throughout the State to children requiring such services.
19    (d) The Director may authorize advance disbursements for
20any new program initiative to any agency contracting with the
21Department. As a prerequisite for an advance disbursement, the
22contractor must post a surety bond in the amount of the advance
23disbursement and have a purchase of service contract approved
24by the Department. The Department may pay up to 2 months
25operational expenses in advance. The amount of the advance
26disbursement shall be prorated over the life of the contract or

 

 

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1the remaining months of the fiscal year, whichever is less, and
2the installment amount shall then be deducted from future
3bills. Advance disbursement authorizations for new initiatives
4shall not be made to any agency after that agency has operated
5during 2 consecutive fiscal years. The requirements of this
6Section concerning advance disbursements shall not apply with
7respect to the following: payments to local public agencies for
8child day care services as authorized by Section 5a of this
9Act; and youth service programs receiving grant funds under
10Section 17a-4.
11    (e) (Blank).
12    (f) (Blank).
13    (g) The Department shall establish rules and regulations
14concerning its operation of programs designed to meet the goals
15of child safety and protection, family preservation, family
16reunification, 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
5include provisions for training Department staff and the staff
6of Department grantees, through contracts with other agencies
7or resources, in alcohol and drug abuse screening techniques
8approved by the Department of Human Services, as a successor to
9the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred to an alcohol and drug abuse treatment program for
12professional evaluation.
13    (h) If the Department finds that there is no appropriate
14program or facility within or available to the Department for a
15ward and that no licensed private facility has an adequate and
16appropriate program or none agrees to accept the ward, the
17Department shall create an appropriate individualized,
18program-oriented plan for such ward. The plan may be developed
19within the Department or through purchase of services by the
20Department to the extent that it is within its statutory
21authority to do.
22    (i) Service programs shall be available throughout the
23State and shall include but not be limited to the following
24services:
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
6to 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
12services it makes available to children or families or for
13which it refers children or families.
14    (j) The Department may provide categories of financial
15assistance and education assistance grants, and shall
16establish rules and regulations concerning the assistance and
17grants, to persons who adopt physically or mentally
18handicapped, older and other hard-to-place children who (i)
19immediately prior to their adoption were legal wards of the
20Department or (ii) were determined eligible for financial
21assistance with respect to a prior adoption and who become
22available for adoption because the prior adoption has been
23dissolved and the parental rights of the adoptive parents have
24been terminated or because the child's adoptive parents have
25died. The Department may continue to provide financial
26assistance and education assistance grants for a child who was

 

 

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1determined eligible for financial assistance under this
2subsection (j) in the interim period beginning when the child's
3adoptive parents died and ending with the finalization of the
4new adoption of the child by another adoptive parent or
5parents. The Department may also provide categories of
6financial assistance and education assistance grants, and
7shall establish rules and regulations for the assistance and
8grants, to persons appointed guardian of the person under
9Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
104-25 or 5-740 of the Juvenile Court Act of 1987 for children
11who were wards of the Department for 12 months immediately
12prior to the appointment of the guardian.
13    The amount of assistance may vary, depending upon the needs
14of the child and the adoptive parents, as set forth in the
15annual assistance agreement. Special purpose grants are
16allowed where the child requires special service but such costs
17may not exceed the amounts which similar services would cost
18the Department if it were to provide or secure them as guardian
19of the child.
20    Any financial assistance provided under this subsection is
21inalienable by assignment, sale, execution, attachment,
22garnishment, or any other remedy for recovery or collection of
23a judgment or debt.
24    (j-5) The Department shall not deny or delay the placement
25of a child for adoption if an approved family is available
26either outside of the Department region handling the case, or

 

 

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

 

 

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

 

 

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1subsection (a-5) of Section 7.4 of the Abused and Neglected
2Child Reporting Act.
3    The Department may, at its discretion except for those
4children also adjudicated neglected or dependent, accept for
5care and training any child who has been adjudicated addicted,
6as a truant minor in need of supervision or as a minor
7requiring authoritative intervention, under the Juvenile Court
8Act or the Juvenile Court Act of 1987, but no such child shall
9be committed to the Department by any court without the
10approval of the Department. On and after the effective date of
11this amendatory Act of the 98th General Assembly and before
12January 1, 2017, a minor charged with a criminal offense under
13the Criminal Code of 1961 or the Criminal Code of 2012 or
14adjudicated delinquent shall not be placed in the custody of or
15committed to the Department by any court, except (i) a minor
16less than 16 years of age committed to the Department under
17Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
18for whom an independent basis of abuse, neglect, or dependency
19exists, which must be defined by departmental rule, or (iii) a
20minor for whom the court has granted a supplemental petition to
21reinstate wardship pursuant to subsection (2) of Section 2-33
22of the Juvenile Court Act of 1987. On and after January 1,
232017, a minor charged with a criminal offense under the
24Criminal Code of 1961 or the Criminal Code of 2012 or
25adjudicated delinquent shall not be placed in the custody of or
26committed to the Department by any court, except (i) a minor

 

 

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1less than 15 years of age committed to the Department under
2Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
3for whom an independent basis of abuse, neglect, or dependency
4exists, which must be defined by departmental rule, or (iii) a
5minor for whom the court has granted a supplemental petition to
6reinstate wardship pursuant to subsection (2) of Section 2-33
7of the Juvenile Court Act of 1987. An independent basis exists
8when the allegations or adjudication of abuse, neglect, or
9dependency do not arise from the same facts, incident, or
10circumstances which give rise to a charge or adjudication of
11delinquency.
12    As soon as is possible after August 7, 2009 (the effective
13date of Public Act 96-134), the Department shall develop and
14implement a special program of family preservation services to
15support intact, foster, and adoptive families who are
16experiencing extreme hardships due to the difficulty and stress
17of caring for a child who has been diagnosed with a pervasive
18developmental disorder if the Department determines that those
19services are necessary to ensure the health and safety of the
20child. The Department may offer services to any family whether
21or not a report has been filed under the Abused and Neglected
22Child Reporting Act. The Department may refer the child or
23family to services available from other agencies in the
24community if the conditions in the child's or family's home are
25reasonably likely to subject the child or family to future
26reports of suspected child abuse or neglect. Acceptance of

 

 

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1these services shall be voluntary. The Department shall develop
2and implement a public information campaign to alert health and
3social service providers and the general public about these
4special family preservation services. The nature and scope of
5the services offered and the number of families served under
6the special program implemented under this paragraph shall be
7determined by the level of funding that the Department annually
8allocates for this purpose. The term "pervasive developmental
9disorder" under this paragraph means a neurological condition,
10including but not limited to, Asperger's Syndrome and autism,
11as defined in the most recent edition of the Diagnostic and
12Statistical Manual of Mental Disorders of the American
13Psychiatric Association.
14    (l-1) The legislature recognizes that the best interests of
15the child require that the child be placed in the most
16permanent living arrangement as soon as is practically
17possible. To achieve this goal, the legislature directs the
18Department of Children and Family Services to conduct
19concurrent planning so that permanency may occur at the
20earliest opportunity. Permanent living arrangements may
21include prevention of placement of a child outside the home of
22the family when the child can be cared for at home without
23endangering the child's health or safety; reunification with
24the family, when safe and appropriate, if temporary placement
25is necessary; or movement of the child toward the most
26permanent living arrangement and permanent legal status.

 

 

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

 

 

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

 

 

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1apparent ability to ensure the child's health and safety and
2resume permanent charge of the child, or until a relative
3enters the home and is willing and able to ensure the child's
4health and safety and assume charge of the child until a
5parent, guardian or custodian enters the home and expresses
6such willingness and ability to ensure the child's safety and
7resume permanent charge. After a caretaker has remained in the
8home for a period not to exceed 12 hours, the Department must
9follow those procedures outlined in Section 2-9, 3-11, 4-8, or
105-415 of the Juvenile Court Act of 1987.
11    The Department shall have the authority, responsibilities
12and duties that a legal custodian of the child would have
13pursuant to subsection (9) of Section 1-3 of the Juvenile Court
14Act of 1987. Whenever a child is taken into temporary custody
15pursuant to an investigation under the Abused and Neglected
16Child Reporting Act, or pursuant to a referral and acceptance
17under the Juvenile Court Act of 1987 of a minor in limited
18custody, the Department, during the period of temporary custody
19and before the child is brought before a judicial officer as
20required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
21Court Act of 1987, shall have the authority, responsibilities
22and duties that a legal custodian of the child would have under
23subsection (9) of Section 1-3 of the Juvenile Court Act of
241987.
25    The Department shall ensure that any child taken into
26custody is scheduled for an appointment for a medical

 

 

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1examination.
2    A parent, guardian or custodian of a child in the temporary
3custody of the Department who would have custody of the child
4if he were not in the temporary custody of the Department may
5deliver to the Department a signed request that the Department
6surrender the temporary custody of the child. The Department
7may retain temporary custody of the child for 10 days after the
8receipt of the request, during which period the Department may
9cause to be filed a petition pursuant to the Juvenile Court Act
10of 1987. If a petition is so filed, the Department shall retain
11temporary custody of the child until the court orders
12otherwise. If a petition is not filed within the 10 day period,
13the child shall be surrendered to the custody of the requesting
14parent, guardian or custodian not later than the expiration of
15the 10 day period, at which time the authority and duties of
16the Department with respect to the temporary custody of the
17child shall terminate.
18    (m-1) The Department may place children under 18 years of
19age in a secure child care facility licensed by the Department
20that cares for children who are in need of secure living
21arrangements for their health, safety, and well-being after a
22determination is made by the facility director and the Director
23or the Director's designate prior to admission to the facility
24subject to Section 2-27.1 of the Juvenile Court Act of 1987.
25This subsection (m-1) does not apply to a child who is subject
26to placement in a correctional facility operated pursuant to

 

 

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

 

 

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1limitations set forth in this Section. All reimbursements for
2services delivered shall be absolutely inalienable by
3assignment, sale, attachment, garnishment or otherwise.
4    (n-1) The Department shall provide or authorize child
5welfare services, aimed at assisting minors to achieve
6sustainable self-sufficiency as independent adults, for any
7minor eligible for the reinstatement of wardship pursuant to
8subsection (2) of Section 2-33 of the Juvenile Court Act of
91987, whether or not such reinstatement is sought or allowed,
10provided that the minor consents to such services and has not
11yet attained the age of 21. The Department shall have
12responsibility for the development and delivery of services
13under this Section. An eligible youth may access services under
14this Section through the Department of Children and Family
15Services or by referral from the Department of Human Services.
16Youth participating in services under this Section shall
17cooperate with the assigned case manager in developing an
18agreement identifying the services to be provided and how the
19youth will increase skills to achieve self-sufficiency. A
20homeless shelter is not considered appropriate housing for any
21youth receiving child welfare services under this Section. The
22Department shall continue child welfare services under this
23Section to any eligible minor until the minor becomes 21 years
24of age, no longer consents to participate, or achieves
25self-sufficiency as identified in the minor's service plan. The
26Department of Children and Family Services shall create clear,

 

 

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1readable notice of the rights of former foster youth to child
2welfare services under this Section and how such services may
3be obtained. The Department of Children and Family Services and
4the Department of Human Services shall disseminate this
5information statewide. The Department shall adopt regulations
6describing services intended to assist minors in achieving
7sustainable self-sufficiency as independent adults.
8    (n-2) The Department shall provide, as required by this Act
9or any applicable State or federal law, child welfare services
10aimed at assisting minors in achieving sustainable
11self-sufficiency as adults for any minor for whom the
12Department is appointed the custodian or guardian pursuant to
13the Juvenile Court Act of 1987. Such services shall include,
14but shall not be limited to: transitional living programs;
15independent living programs; educational assistance, including
16Youth in College; community college tuition waivers, and
17scholarships awarded by the Department; case management;
18mentoring; Youth in Employment; counseling; support and
19services for pregnant and parenting youth; sibling and parent
20visitation services and support; vocational training; and, as
21appropriate, transitioning youth to appropriate adult
22placement services and guardianship and any other service
23included in the youth's case plan. This Section shall not be
24interpreted as creating a new obligation of the Department to
25provide services, but as recognizing an existing and continuing
26obligation to provide services to youth in the Department's

 

 

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1care, including those between the ages of 18 and 21 and those
2over the age of 21 receiving assistance through scholarships
3awarded by the Department and Youth in College programs, and
4any other applicable programs.
5    (o) The Department shall establish an administrative
6review and appeal process for children and families who request
7or receive child welfare services from the Department. Children
8who are wards of the Department and are placed by private child
9welfare agencies, and foster families with whom those children
10are placed, shall be afforded the same procedural and appeal
11rights as children and families in the case of placement by the
12Department, including the right to an initial review of a
13private agency decision by that agency. The Department shall
14insure that any private child welfare agency, which accepts
15wards of the Department for placement, affords those rights to
16children and foster families. The Department shall accept for
17administrative review and an appeal hearing a complaint made by
18(i) a child or foster family concerning a decision following an
19initial review by a private child welfare agency or (ii) a
20prospective adoptive parent who alleges a violation of
21subsection (j-5) of this Section. An appeal of a decision
22concerning a change in the placement of a child shall be
23conducted in an expedited manner. A court determination that a
24current foster home placement is necessary and appropriate
25under Section 2-28 of the Juvenile Court Act of 1987 does not
26constitute a judicial determination on the merits of an

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1of 1969 shall be eligible to receive foster care payments from
2the Department. Relative caregivers who, as of July 1, 1995,
3were approved pursuant to approved relative placement rules
4previously promulgated by the Department at 89 Ill. Adm. Code
5335 and had submitted an application for licensure as a foster
6family home may continue to receive foster care payments only
7until the Department determines that they may be licensed as a
8foster family home or that their application for licensure is
9denied or until September 30, 1995, whichever occurs first.
10    (v) The Department shall access criminal history record
11information as defined in the Illinois Uniform Conviction
12Information Act and information maintained in the adjudicatory
13and dispositional record system as defined in Section 2605-355
14of the Department of State Police Law (20 ILCS 2605/2605-355)
15if the Department determines the information is necessary to
16perform its duties under the Abused and Neglected Child
17Reporting Act, the Child Care Act of 1969, and the Children and
18Family Services Act. The Department shall provide for
19interactive computerized communication and processing
20equipment that permits direct on-line communication with the
21Department of State Police's central criminal history data
22repository. The Department shall comply with all certification
23requirements and provide certified operators who have been
24trained by personnel from the Department of State Police. In
25addition, one Office of the Inspector General investigator
26shall have training in the use of the criminal history

 

 

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

 

 

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1of Public Act 89-392), the Department shall prepare and submit
2to the Governor and the General Assembly, a written plan for
3the development of in-state licensed secure child care
4facilities that care for children who are in need of secure
5living arrangements for their health, safety, and well-being.
6For purposes of this subsection, secure care facility shall
7mean a facility that is designed and operated to ensure that
8all entrances and exits from the facility, a building or a
9distinct part of the building, are under the exclusive control
10of the staff of the facility, whether or not the child has the
11freedom of movement within the perimeter of the facility,
12building, or distinct part of the building. The plan shall
13include descriptions of the types of facilities that are needed
14in Illinois; the cost of developing these secure care
15facilities; the estimated number of placements; the potential
16cost savings resulting from the movement of children currently
17out-of-state who are projected to be returned to Illinois; the
18necessary geographic distribution of these facilities in
19Illinois; and a proposed timetable for development of such
20facilities.
21    (x) The Department shall conduct annual credit history
22checks to determine the financial history of children placed
23under its guardianship pursuant to the Juvenile Court Act of
241987. The Department shall conduct such credit checks starting
25when a ward turns 12 years old and each year thereafter for the
26duration of the guardianship as terminated pursuant to the

 

 

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1Juvenile Court Act of 1987. The Department shall determine if
2financial exploitation of the child's personal information has
3occurred. If financial exploitation appears to have taken place
4or is presently ongoing, the Department shall notify the proper
5law enforcement agency, the proper State's Attorney, or the
6Attorney General.
7    (y) Beginning on the effective date of this amendatory Act
8of the 96th General Assembly, a child with a disability who
9receives residential and educational services from the
10Department shall be eligible to receive transition services in
11accordance with Article 14 of the School Code from the age of
1214.5 through age 21, inclusive, notwithstanding the child's
13residential services arrangement. For purposes of this
14subsection, "child with a disability" means a child with a
15disability as defined by the federal Individuals with
16Disabilities Education Improvement Act of 2004.
17    (z) The Department shall access criminal history record
18information as defined as "background information" in this
19subsection and criminal history record information as defined
20in the Illinois Uniform Conviction Information Act for each
21Department employee or Department applicant. Each Department
22employee or Department applicant shall submit his or her
23fingerprints to the Department of State Police in the form and
24manner prescribed by the Department of State Police. These
25fingerprints shall be checked against the fingerprint records
26now and hereafter filed in the Department of State Police and

 

 

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1the Federal Bureau of Investigation criminal history records
2databases. The Department of State Police shall charge a fee
3for conducting the criminal history record check, which shall
4be deposited into the State Police Services Fund and shall not
5exceed the actual cost of the record check. The Department of
6State Police shall furnish, pursuant to positive
7identification, all Illinois conviction information to the
8Department of Children and Family Services.
9    For purposes of this subsection:
10    "Background information" means all of the following:
11        (i) Upon the request of the Department of Children and
12    Family Services, conviction information obtained from the
13    Department of State Police as a result of a
14    fingerprint-based criminal history records check of the
15    Illinois criminal history records database and the Federal
16    Bureau of Investigation criminal history records database
17    concerning a Department employee or Department applicant.
18        (ii) Information obtained by the Department of
19    Children and Family Services after performing a check of
20    the Department of State Police's Sex Offender Database, as
21    authorized by Section 120 of the Sex Offender Community
22    Notification Law, concerning a Department employee or
23    Department applicant.
24        (iii) Information obtained by the Department of
25    Children and Family Services after performing a check of
26    the Child Abuse and Neglect Tracking System (CANTS)

 

 

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1    operated and maintained by the Department.
2    "Department employee" means a full-time or temporary
3employee coded or certified within the State of Illinois
4Personnel System.
5    "Department applicant" means an individual who has
6conditional Department full-time or part-time work, a
7contractor, an individual used to replace or supplement staff,
8an academic intern, a volunteer in Department offices or on
9Department contracts, a work-study student, an individual or
10entity licensed by the Department, or an unlicensed service
11provider who works as a condition of a contract or an agreement
12and whose work may bring the unlicensed service provider into
13contact with Department clients or client records.
14(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;
1598-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff.
161-1-15.)
 
17    Section 10. The Juvenile Court Act of 1987 is amended by
18changing Sections 2-23, 2-28, and 2-31 as follows:
 
19    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
20    Sec. 2-23. Kinds of dispositional orders.
21    (1) The following kinds of orders of disposition may be
22made in respect of wards of the court:
23        (a) A minor under 18 years of age found to be neglected
24    or abused under Section 2-3 or dependent under Section 2-4

 

 

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

 

 

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1    emancipated in accordance with the provisions of the
2    Emancipation of Minors Act.
3        However, in any case in which a minor is found by the
4    court to be dependent under Section 2-4 of this Act,
5    custody of the minor shall not be restored to any parent,
6    guardian or legal custodian whose acts or omissions or both
7    have been identified, pursuant to subsection (1) of Section
8    2-21, as forming the basis for the court's finding of
9    dependency, until such time as a hearing is held on the
10    issue of the fitness of such parent, guardian or legal
11    custodian to care for the minor without endangering the
12    minor's health or safety, and the court enters an order
13    that such parent, guardian or legal custodian is fit to
14    care for the minor.
15        (b-1) A minor between the ages of 18 and 21 may be
16    placed pursuant to Section 2-27 of this Act if (1) the
17    court has granted a supplemental petition to reinstate
18    wardship of the minor pursuant to subsection (2) of Section
19    2-33, or (2) the court has adjudicated the minor a ward of
20    the court, permitted the minor to return home under an
21    order of protection, and subsequently made a finding that
22    it is in the minor's best interest to vacate the order of
23    protection and commit the minor to the Department of
24    Children and Family Services for care and service.
25        (c) When the court awards guardianship to the
26    Department of Children and Family Services, the court shall

 

 

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1    order the parents to cooperate with the Department of
2    Children and Family Services, comply with the terms of the
3    service plans, and correct the conditions that require the
4    child to be in care, or risk termination of their parental
5    rights.
6    (2) Any order of disposition may provide for protective
7supervision under Section 2-24 and may include an order of
8protection under Section 2-25.
9    Unless the order of disposition expressly so provides, it
10does not operate to close proceedings on the pending petition,
11but is subject to modification, not inconsistent with Section
122-28, until final closing and discharge of the proceedings
13under Section 2-31.
14    (3) The court also shall enter any other orders necessary
15to fulfill the service plan, including, but not limited to, (i)
16orders requiring parties to cooperate with services, (ii)
17restraining orders controlling the conduct of any party likely
18to frustrate the achievement of the goal, and (iii) visiting
19orders. When the child is placed separately from a sibling, the
20court shall review the Sibling Contact Support Plan developed
21under subsection (f) of Section 7.4 of the Children and Family
22Services Act, if applicable. If the Department has not convened
23a meeting to develop a Sibling Contact Support Plan, or if the
24court finds that the existing Plan is not in the child's best
25interest, the court may enter an order requiring the Department
26to develop and implement a Sibling Contact Support Plan under

 

 

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1subsection (f) of Section 7.4 of the Children and Family
2Services Act or order mediation. Unless otherwise specifically
3authorized by law, the court is not empowered under this
4subsection (3) to order specific placements, specific
5services, or specific service providers to be included in the
6plan. If, after receiving evidence, the court determines that
7the services contained in the plan are not reasonably
8calculated to facilitate achievement of the permanency goal,
9the court shall put in writing the factual basis supporting the
10determination and enter specific findings based on the
11evidence. The court also shall enter an order for the
12Department to develop and implement a new service plan or to
13implement changes to the current service plan consistent with
14the court's findings. The new service plan shall be filed with
15the court and served on all parties within 45 days after the
16date of the order. The court shall continue the matter until
17the new service plan is filed. Unless otherwise specifically
18authorized by law, the court is not empowered under this
19subsection (3) or under subsection (2) to order specific
20placements, specific services, or specific service providers
21to be included in the plan.
22    (4) In addition to any other order of disposition, the
23court may order any minor adjudicated neglected with respect to
24his or her own injurious behavior to make restitution, in
25monetary or non-monetary form, under the terms and conditions
26of Section 5-5-6 of the Unified Code of Corrections, except

 

 

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1that the "presentence hearing" referred to therein shall be the
2dispositional hearing for purposes of this Section. The parent,
3guardian or legal custodian of the minor may pay some or all of
4such restitution on the minor's behalf.
5    (5) Any order for disposition where the minor is committed
6or placed in accordance with Section 2-27 shall provide for the
7parents or guardian of the estate of such minor to pay to the
8legal custodian or guardian of the person of the minor such
9sums as are determined by the custodian or guardian of the
10person of the minor as necessary for the minor's needs. Such
11payments may not exceed the maximum amounts provided for by
12Section 9.1 of the Children and Family Services Act.
13    (6) Whenever the order of disposition requires the minor to
14attend school or participate in a program of training, the
15truant officer or designated school official shall regularly
16report to the court if the minor is a chronic or habitual
17truant under Section 26-2a of the School Code.
18    (7) The court may terminate the parental rights of a parent
19at the initial dispositional hearing if all of the conditions
20in subsection (5) of Section 2-21 are met.
21(Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09;
2296-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)
 
23    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
24    Sec. 2-28. Court review.
25    (1) The court may require any legal custodian or guardian

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    The court shall make findings as to whether, in violation
2of Section 8.2 of the Abused and Neglected Child Reporting Act,
3any portion of the service plan compels a child or parent to
4engage in any activity or refrain from any activity that is not
5reasonably related to remedying a condition or conditions that
6gave rise or which could give rise to any finding of child
7abuse or neglect. The services contained in the service plan
8shall include services reasonably related to remedy the
9conditions that gave rise to removal of the child from the home
10of his or her parents, guardian, or legal custodian or that the
11court has found must be remedied prior to returning the child
12home. Any tasks the court requires of the parents, guardian, or
13legal custodian or child prior to returning the child home,
14must be reasonably related to remedying a condition or
15conditions that gave rise to or which could give rise to any
16finding of child abuse or neglect.
17    If the permanency goal is to return home, the court shall
18make findings that identify any problems that are causing
19continued placement of the children away from the home and
20identify what outcomes would be considered a resolution to
21these problems. The court shall explain to the parents that
22these findings are based on the information that the court has
23at that time and may be revised, should additional evidence be
24presented to the court.
25    The court shall review the Sibling Contact Support Plan
26developed or modified under subsection (f) of Section 7.4 of

 

 

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1the Children and Family Services Act, if applicable. If the
2Department has not convened a meeting to develop or modify a
3Sibling Contact Support Plan, or if the court finds that the
4existing Plan is not in the child's best interest, the court
5may enter an order requiring the Department to develop, modify
6or implement a Sibling Contact Support Plan, or order
7mediation.
8    If the goal has been achieved, the court shall enter orders
9that are necessary to conform the minor's legal custody and
10status to those findings.
11    If, after receiving evidence, the court determines that the
12services contained in the plan are not reasonably calculated to
13facilitate achievement of the permanency goal, the court shall
14put in writing the factual basis supporting the determination
15and enter specific findings based on the evidence. The court
16also shall enter an order for the Department to develop and
17implement a new service plan or to implement changes to the
18current service plan consistent with the court's findings. The
19new service plan shall be filed with the court and served on
20all parties within 45 days of the date of the order. The court
21shall continue the matter until the new service plan is filed.
22Unless otherwise specifically authorized by law, the court is
23not empowered under this subsection (2) or under subsection (3)
24to order specific placements, specific services, or specific
25service providers to be included in the plan.
26    A guardian or custodian appointed by the court pursuant to

 

 

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1this Act shall file updated case plans with the court every 6
2months.
3    Rights of wards of the court under this Act are enforceable
4against any public agency by complaints for relief by mandamus
5filed in any proceedings brought under this Act.
6    (3) Following the permanency hearing, the court shall enter
7a written order that includes the determinations required under
8subsection (2) of this Section and sets forth the following:
9        (a) The future status of the minor, including the
10    permanency goal, and any order necessary to conform the
11    minor's legal custody and status to such determination; or
12        (b) If the permanency goal of the minor cannot be
13    achieved immediately, the specific reasons for continuing
14    the minor in the care of the Department of Children and
15    Family Services or other agency for short term placement,
16    and the following determinations:
17            (i) (Blank).
18            (ii) Whether the services required by the court and
19        by any service plan prepared within the prior 6 months
20        have been provided and (A) if so, whether the services
21        were reasonably calculated to facilitate the
22        achievement of the permanency goal or (B) if not
23        provided, why the services were not provided.
24            (iii) Whether the minor's placement is necessary,
25        and appropriate to the plan and goal, recognizing the
26        right of minors to the least restrictive (most

 

 

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1        family-like) setting available and in close proximity
2        to the parents' home consistent with the health,
3        safety, best interest and special needs of the minor
4        and, if the minor is placed out-of-State, whether the
5        out-of-State placement continues to be appropriate and
6        consistent with the health, safety, and best interest
7        of the minor.
8            (iv) (Blank).
9            (v) (Blank).
10    (4) The minor or any person interested in the minor may
11apply to the court for a change in custody of the minor and the
12appointment of a new custodian or guardian of the person or for
13the restoration of the minor to the custody of his parents or
14former guardian or custodian.
15    When return home is not selected as the permanency goal:
16        (a) The Department, the minor, or the current foster
17    parent or relative caregiver seeking private guardianship
18    may file a motion for private guardianship of the minor.
19    Appointment of a guardian under this Section requires
20    approval of the court.
21        (b) The State's Attorney may file a motion to terminate
22    parental rights of any parent who has failed to make
23    reasonable efforts to correct the conditions which led to
24    the removal of the child or reasonable progress toward the
25    return of the child, as defined in subdivision (D)(m) of
26    Section 1 of the Adoption Act or for whom any other

 

 

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1    unfitness ground for terminating parental rights as
2    defined in subdivision (D) of Section 1 of the Adoption Act
3    exists.
4        When parental rights have been terminated for a minimum
5    of 3 years and the child who is the subject of the
6    permanency hearing is 13 years old or older and is not
7    currently placed in a placement likely to achieve
8    permanency, the Department of Children and Family Services
9    shall make reasonable efforts to locate parents whose
10    rights have been terminated, except when the Court
11    determines that those efforts would be futile or
12    inconsistent with the subject child's best interests. The
13    Department of Children and Family Services shall assess the
14    appropriateness of the parent whose rights have been
15    terminated, and shall, as appropriate, foster and support
16    connections between the parent whose rights have been
17    terminated and the youth. The Department of Children and
18    Family Services shall document its determinations and
19    efforts to foster connections in the child's case plan.
20    Custody of the minor shall not be restored to any parent,
21guardian or legal custodian in any case in which the minor is
22found to be neglected or abused under Section 2-3 or dependent
23under Section 2-4 of this Act, unless the minor can be cared
24for at home without endangering his or her health or safety and
25it is in the best interest of the minor, and if such neglect,
26abuse, or dependency is found by the court under paragraph (1)

 

 

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1of Section 2-21 of this Act to have come about due to the acts
2or omissions or both of such parent, guardian or legal
3custodian, until such time as an investigation is made as
4provided in paragraph (5) and a hearing is held on the issue of
5the health, safety and best interest of the minor and the
6fitness of such parent, guardian or legal custodian to care for
7the minor and the court enters an order that such parent,
8guardian or legal custodian is fit to care for the minor. In
9the event that the minor has attained 18 years of age and the
10guardian or custodian petitions the court for an order
11terminating his guardianship or custody, guardianship or
12custody shall terminate automatically 30 days after the receipt
13of the petition unless the court orders otherwise. No legal
14custodian or guardian of the person may be removed without his
15consent until given notice and an opportunity to be heard by
16the court.
17    When the court orders a child restored to the custody of
18the parent or parents, the court shall order the parent or
19parents to cooperate with the Department of Children and Family
20Services and comply with the terms of an after-care plan, or
21risk the loss of custody of the child and possible termination
22of their parental rights. The court may also enter an order of
23protective supervision in accordance with Section 2-24.
24    (5) Whenever a parent, guardian, or legal custodian files a
25motion for restoration of custody of the minor, and the minor
26was adjudicated neglected, abused, or dependent as a result of

 

 

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1physical abuse, the court shall cause to be made an
2investigation as to whether the movant has ever been charged
3with or convicted of any criminal offense which would indicate
4the likelihood of any further physical abuse to the minor.
5Evidence of such criminal convictions shall be taken into
6account in determining whether the minor can be cared for at
7home without endangering his or her health or safety and
8fitness of the parent, guardian, or legal custodian.
9        (a) Any agency of this State or any subdivision thereof
10    shall co-operate with the agent of the court in providing
11    any information sought in the investigation.
12        (b) The information derived from the investigation and
13    any conclusions or recommendations derived from the
14    information shall be provided to the parent, guardian, or
15    legal custodian seeking restoration of custody prior to the
16    hearing on fitness and the movant shall have an opportunity
17    at the hearing to refute the information or contest its
18    significance.
19        (c) All information obtained from any investigation
20    shall be confidential as provided in Section 5-150 of this
21    Act.
22(Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;
2398-756, eff. 7-16-14.)
 
24    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
25    Sec. 2-31. Duration of wardship and discharge of

 

 

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1proceedings.
2    (1) All proceedings under this Act in respect of any minor
3for whom a petition was filed after the effective date of this
4amendatory Act of 1991 automatically terminate upon the minor
5attaining the age of 21. The clerk of the court shall at that
6time record all proceedings under this Act as finally closed
7and discharged for that reason his attaining the age of 19
8years, except that a court may continue the wardship of a minor
9until age 21 for good cause when there is satisfactory evidence
10presented to the court and the court makes written factual
11findings that the health, safety, and best interest of the
12minor and the public require the continuation of the wardship.
13    (2) Whenever the court determines, and makes written
14factual findings, that health, safety, and the best interests
15of the minor and the public no longer require the wardship of
16the court, the court shall order the wardship terminated and
17all proceedings under this Act respecting that minor finally
18closed and discharged. The court may at the same time continue
19or terminate any custodianship or guardianship theretofore
20ordered but the termination must be made in compliance with
21Section 2-28. When terminating wardship under this Section, if
22the minor is over 18 and is exiting wardship to live
23independently, or if wardship is terminated in conjunction with
24an order partially or completely emancipating the minor in
25accordance with the Emancipation of Minors Act, the court shall
26also make specific findings of fact as to the minor's wishes

 

 

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1regarding case closure and the manner in which the minor will
2maintain independence. The minor's lack of cooperation with
3services provided by the Department of Children and Family
4Services shall not by itself be considered sufficient evidence
5that the minor is prepared to live independently and that it is
6in the best interest of the minor to terminate wardship. In
7ruling on a motion by any party requesting that the case of a
8minor over the age of 18 be closed to independence, the court,
9upon the request of any party, shall conduct a permanency
10hearing instanter pursuant to Section 2-28. After conducting
11the permanency hearing, the court is authorized to enter any
12orders necessary to assist the minor in preparing to live
13independently, including orders requiring the Department of
14Children and Family Services to provide services and placement.
15    (3) (Blank) The wardship of the minor and any custodianship
16or guardianship respecting the minor for whom a petition was
17filed after the effective date of this amendatory Act of 1991
18automatically terminates when he attains the age of 19 years
19except as set forth in subsection (1) of this Section. The
20clerk of the court shall at that time record all proceedings
21under this Act as finally closed and discharged for that
22reason.
23(Source: P.A. 96-581, eff. 1-1-10.)