99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3684
 
Introduced , by Rep. Litesa E. Wallace
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Foster Children's Bill of Rights Act. Provides that it is the policy of this State that every child and
adult in the care of the Department of Children and Family Services who is placed in foster care shall have certain rights, including the right to: (i) live in a safe, healthy, and comfortable home where he or
she is treated with respect; (ii) be free from physical, sexual, emotional, or other abuse,
or corporal punishment; (iii) receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance; (iv) receive medical, dental, vision, and mental health
services; (v) be free of the administration of medication or chemical
substances, unless authorized by a physician; (vi) contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates, and other specified persons; (vii) contact the Advocacy Office for Children and Families established under the Children and Family Services Act or the Department of Children and Family Services' Office of the Inspector General regarding violations of rights, speak to representatives of these
offices confidentially, and be free from threats or punishment for
making complaints; (viii) attend court hearings and speak to the judge; (ix) review his or her own case plan and plan for permanent
placement, and receive information about his or her
out-of-home placement and case plan, including being told of changes
to the case plan; and (x) receive a copy of the Act and have it fully explained to him or her when he or she is placed in the care of the Department of Children and Family Services. Provides that nothing in the Act shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
  


LRB099 08042 KTG 28186 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3684LRB099 08042 KTG 28186 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 1. Short title. This Act may be cited as the Foster 
5Children's Bill of Rights Act.
 
6    Section 5. Foster Children's Bill or Rights. It is the 
7policy of this State that every child and
adult in the care of 
8the Department of Children and Family Services who is placed in 
9foster care shall have the following rights:
10        (1) To live in a safe, healthy, and comfortable home 
11    where he or
she is treated with respect.
12        (2) To be free from physical, sexual, emotional, or 
13    other abuse,
or corporal punishment.
14        (3) To receive adequate and healthy food, adequate 
15    clothing, and,
for youth in group homes, an allowance.
16        (4) To receive medical, dental, vision, and mental 
17    health
services.
18        (5) To be free of the administration of medication or 
19    chemical
substances, unless authorized by a physician.
20        (6) To contact family members, unless prohibited by 
21    court order,
and social workers, attorneys, foster youth 
22    advocates and supporters,
Court Appointed Special 
23    Advocates (CASAs), and probation officers.
 
 
HB3684- 2 -LRB099 08042 KTG 28186 b

1        (7) To visit and contact brothers and sisters, unless 
2    prohibited
by court order.
3        (8) To contact the Advocacy Office for Children and 
4    Families established under the Children and Family 
5    Services Act or the Department of Children and Family 
6    Services' Office of the Inspector General regarding 
7    violations of rights, to speak to representatives of these

8    offices confidentially, and to be free from threats or 
9    punishment for
making complaints.
10        (9) To make and receive confidential telephone calls 
11    and send and
receive unopened mail, unless prohibited by 
12    court order.
   
13        (10) To attend religious services and activities of his 
14    or her
choice.

15        (11) To maintain an emancipation bank account and 
16    manage personal
income, consistent with the child's age and 
17    developmental level,
unless prohibited by the case plan.
18        (12) To not be locked in a room, building, or facility 
19    premises,
unless placed in a secure child care facility 
20    licensed by the Department of Children and Family Services 
21    under the Child Care Act of 1969.
22        (13) To attend school and participate in 
23    extracurricular,
cultural, and personal enrichment 
24    activities, consistent with the
child's age and 
25    developmental level, with minimal disruptions to
school 
26    attendance and educational stability.
 
 
HB3684- 3 -LRB099 08042 KTG 28186 b

1        (14) To work and develop job skills at an 
2    age-appropriate level,
consistent with State law.
3        (15) To have social contacts with people outside of the 
4    foster
care system, including teachers, church members, 
5    mentors, and
friends.
6        (16) If he or she meets age requirements, to attend 
7    services and programs  operated by the Department of 
8    Children and Family Services or any other appropriate State 
9    agency that aim to help current and former foster youth 
10    achieve self-sufficiency prior to and after leaving foster 
11    care.
12        (17) To attend court hearings and speak to the judge.
13        (18) To have storage space for private use.
14        (19) To be involved in the development of his or her 
15    own case plan
and plan for permanent placement.
16        (20) To review his or her own case plan and plan for 
17    permanent
placement, if he or she is 12 years of age or 
18    older and in a
permanent placement, and to receive 
19    information about his or her
out-of-home placement and case 
20    plan, including being told of changes
to the case plan.
21        (21) To be free from unreasonable searches of personal 
22    belongings.
23        (22) To the confidentiality of all juvenile court 
24    records
consistent with existing law.
25        (23) To have fair and equal access to all available 
26    services,
placement, care, treatment, and benefits, and to 
 
 
HB3684- 4 -LRB099 08042 KTG 28186 b

1    not be subjected to
discrimination or harassment on the 
2    basis of actual or perceived
race, ethnic group 
3    identification, ancestry, national origin, color,

4    religion, sex, sexual orientation, gender identity, mental 
5    or
physical disability, or HIV status.
6        (24) To have caregivers and child welfare personnel who 
7    have
received instruction on cultural competency and 
8    sensitivity relating
to, and best practices for, providing 
9    adequate care to lesbian, gay,
bisexual, and transgender 
10    youth in out-of-home care.
11        (25) At 16 years of age or older, to have access to 
12    existing
information regarding the educational options 
13    available, including,
but not limited to, the coursework 
14    necessary for vocational and
postsecondary educational 
15    programs, and information regarding
financial aid for 
16    postsecondary education.
17        (26) To have access to age-appropriate, medically 
18    accurate
information about reproductive health care, the 
19    prevention of
unplanned pregnancy, and the prevention and 
20    treatment of sexually
transmitted infections at 12 years of 
21    age or older.

22        (27) To receive a copy of this Act and have it fully 
23    explained to the child or adult when he or she is placed in 
24    the care of the Department of Children and Family Services.
 
25    Section 10. Foster care provider. Nothing in this Act shall 
 
 
HB3684- 5 -LRB099 08042 KTG 28186 b

1be interpreted to require a
foster care provider to take any 
2action that would impair the health
and safety of children in 
3out-of-home placement.