State of Illinois
2015 and 2016


Introduced , by Rep. Patricia R. Bellock


20 ILCS 505/5  from Ch. 23, par. 5005
755 ILCS 45/Art. I-A heading new
755 ILCS 45/1A-1 new
755 ILCS 45/1A-2 new
755 ILCS 45/1A-3 new
755 ILCS 45/1A-4 new
20 ILCS 505/5  from Ch. 23, par. 5005

    Amends the Children and Family Services Act. Provides that, during any investigation of alleged child abuse or neglect that does not result in a placement of the child outside of the child's home, the Department of Children and Family Services shall provide information to the parent or guardian about community service programs that provide respite care, voluntary guardianship, or other support services for families in crisis. Amends the Illinois Power of Attorney Act. Provides that a parent or legal custodian of a child may execute a power of attorney delegating to another person, for a period not to exceed one year (or a longer period in the case of a servicemember), certain powers regarding the care and custody of the child. Contains provisions regarding: the legal effects of the power of attorney; the form of the power of attorney; other laws; and other matters.

LRB099 15125 HEP 39346 b





HB4327LRB099 15125 HEP 39346 b

1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The 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
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
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    (i-5) During any investigation of alleged child abuse or
15neglect that does not result in a placement of the child
16outside of the child's home, the Department shall provide
17information to the parent or guardian about community service
18programs that provide respite care, voluntary guardianship, or
19other support services for families in crisis.
20    (j) The Department may provide categories of financial
21assistance and education assistance grants, and shall
22establish rules and regulations concerning the assistance and
23grants, to persons who adopt children with physical or mental
24disabilities, children who are older, or other hard-to-place
25children who (i) immediately prior to their adoption were legal
26wards of the Department or (ii) were determined eligible for



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1financial assistance with respect to a prior adoption and who
2become available for adoption because the prior adoption has
3been dissolved and the parental rights of the adoptive parents
4have been terminated or because the child's adoptive parents
5have died. The Department may continue to provide financial
6assistance and education assistance grants for a child who was
7determined eligible for financial assistance under this
8subsection (j) in the interim period beginning when the child's
9adoptive parents died and ending with the finalization of the
10new adoption of the child by another adoptive parent or
11parents. The Department may also provide categories of
12financial assistance and education assistance grants, and
13shall establish rules and regulations for the assistance and
14grants, to persons appointed guardian of the person under
15Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
164-25 or 5-740 of the Juvenile Court Act of 1987 for children
17who were wards of the Department for 12 months immediately
18prior to the appointment of the guardian.
19    The amount of assistance may vary, depending upon the needs
20of the child and the adoptive parents, as set forth in the
21annual assistance agreement. Special purpose grants are
22allowed where the child requires special service but such costs
23may not exceed the amounts which similar services would cost
24the Department if it were to provide or secure them as guardian
25of the child.
26    Any financial assistance provided under this subsection is



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1inalienable by assignment, sale, execution, attachment,
2garnishment, or any other remedy for recovery or collection of
3a judgment or debt.
4    (j-5) The Department shall not deny or delay the placement
5of a child for adoption if an approved family is available
6either outside of the Department region handling the case, or
7outside of the State of Illinois.
8    (k) The Department shall accept for care and training any
9child who has been adjudicated neglected or abused, or
10dependent committed to it pursuant to the Juvenile Court Act or
11the Juvenile Court Act of 1987.
12    (l) The Department shall offer family preservation
13services, as defined in Section 8.2 of the Abused and Neglected
14Child Reporting Act, to help families, including adoptive and
15extended families. Family preservation services shall be
16offered (i) to prevent the placement of children in substitute
17care when the children can be cared for at home or in the
18custody of the person responsible for the children's welfare,
19(ii) to reunite children with their families, or (iii) to
20maintain an adoptive placement. Family preservation services
21shall only be offered when doing so will not endanger the
22children's health or safety. With respect to children who are
23in substitute care pursuant to the Juvenile Court Act of 1987,
24family preservation services shall not be offered if a goal
25other than those of subdivisions (A), (B), or (B-1) of
26subsection (2) of Section 2-28 of that Act has been set.



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1Nothing in this paragraph shall be construed to create a
2private right of action or claim on the part of any individual
3or child welfare agency, except that when a child is the
4subject of an action under Article II of the Juvenile Court Act
5of 1987 and the child's service plan calls for services to
6facilitate achievement of the permanency goal, the court
7hearing the action under Article II of the Juvenile Court Act
8of 1987 may order the Department to provide the services set
9out in the plan, if those services are not provided with
10reasonable promptness and if those services are available.
11    The Department shall notify the child and his family of the
12Department's responsibility to offer and provide family
13preservation services as identified in the service plan. The
14child and his family shall be eligible for services as soon as
15the report is determined to be "indicated". The Department may
16offer services to any child or family with respect to whom a
17report of suspected child abuse or neglect has been filed,
18prior to concluding its investigation under Section 7.12 of the
19Abused and Neglected Child Reporting Act. However, the child's
20or family's willingness to accept services shall not be
21considered in the investigation. The Department may also
22provide services to any child or family who is the subject of
23any report of suspected child abuse or neglect or may refer
24such child or family to services available from other agencies
25in the community, even if the report is determined to be
26unfounded, if the conditions in the child's or family's home



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1are reasonably likely to subject the child or family to future
2reports of suspected child abuse or neglect. Acceptance of such
3services shall be voluntary. The Department may also provide
4services to any child or family after completion of a family
5assessment, as an alternative to an investigation, as provided
6under the "differential response program" provided for in
7subsection (a-5) of Section 7.4 of the Abused and Neglected
8Child Reporting Act.
9    The Department may, at its discretion except for those
10children also adjudicated neglected or dependent, accept for
11care and training any child who has been adjudicated addicted,
12as a truant minor in need of supervision or as a minor
13requiring authoritative intervention, under the Juvenile Court
14Act or the Juvenile Court Act of 1987, but no such child shall
15be committed to the Department by any court without the
16approval of the Department. On and after the effective date of
17this amendatory Act of the 98th General Assembly and before
18January 1, 2017, a minor charged with a criminal offense under
19the Criminal Code of 1961 or the Criminal Code of 2012 or
20adjudicated delinquent shall not be placed in the custody of or
21committed to the Department by any court, except (i) a minor
22less than 16 years of age committed to the Department under
23Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
24for whom an independent basis of abuse, neglect, or dependency
25exists, which must be defined by departmental rule, or (iii) a
26minor for whom the court has granted a supplemental petition to



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1reinstate wardship pursuant to subsection (2) of Section 2-33
2of the Juvenile Court Act of 1987. On and after January 1,
32017, a minor charged with a criminal offense under the
4Criminal Code of 1961 or the Criminal Code of 2012 or
5adjudicated delinquent shall not be placed in the custody of or
6committed to the Department by any court, except (i) a minor
7less than 15 years of age committed to the Department under
8Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
9for whom an independent basis of abuse, neglect, or dependency
10exists, which must be defined by departmental rule, or (iii) a
11minor for whom the court has granted a supplemental petition to
12reinstate wardship pursuant to subsection (2) of Section 2-33
13of the Juvenile Court Act of 1987. An independent basis exists
14when the allegations or adjudication of abuse, neglect, or
15dependency do not arise from the same facts, incident, or
16circumstances which give rise to a charge or adjudication of
18    As soon as is possible after August 7, 2009 (the effective
19date of Public Act 96-134), the Department shall develop and
20implement a special program of family preservation services to
21support intact, foster, and adoptive families who are
22experiencing extreme hardships due to the difficulty and stress
23of caring for a child who has been diagnosed with a pervasive
24developmental disorder if the Department determines that those
25services are necessary to ensure the health and safety of the
26child. The Department may offer services to any family whether



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1or not a report has been filed under the Abused and Neglected
2Child Reporting Act. The Department may refer the child or
3family to services available from other agencies in the
4community if the conditions in the child's or family's home are
5reasonably likely to subject the child or family to future
6reports of suspected child abuse or neglect. Acceptance of
7these services shall be voluntary. The Department shall develop
8and implement a public information campaign to alert health and
9social service providers and the general public about these
10special family preservation services. The nature and scope of
11the services offered and the number of families served under
12the special program implemented under this paragraph shall be
13determined by the level of funding that the Department annually
14allocates for this purpose. The term "pervasive developmental
15disorder" under this paragraph means a neurological condition,
16including but not limited to, Asperger's Syndrome and autism,
17as defined in the most recent edition of the Diagnostic and
18Statistical Manual of Mental Disorders of the American
19Psychiatric Association.
20    (l-1) The legislature recognizes that the best interests of
21the child require that the child be placed in the most
22permanent living arrangement as soon as is practically
23possible. To achieve this goal, the legislature directs the
24Department of Children and Family Services to conduct
25concurrent planning so that permanency may occur at the
26earliest opportunity. Permanent living arrangements may



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1include prevention of placement of a child outside the home of
2the family when the child can be cared for at home without
3endangering the child's health or safety; reunification with
4the family, when safe and appropriate, if temporary placement
5is necessary; or movement of the child toward the most
6permanent living arrangement and permanent legal status.
7    When determining reasonable efforts to be made with respect
8to a child, as described in this subsection, and in making such
9reasonable efforts, the child's health and safety shall be the
10paramount concern.
11    When a child is placed in foster care, the Department shall
12ensure and document that reasonable efforts were made to
13prevent or eliminate the need to remove the child from the
14child's home. The Department must make reasonable efforts to
15reunify the family when temporary placement of the child occurs
16unless otherwise required, pursuant to the Juvenile Court Act
17of 1987. At any time after the dispositional hearing where the
18Department believes that further reunification services would
19be ineffective, it may request a finding from the court that
20reasonable efforts are no longer appropriate. The Department is
21not required to provide further reunification services after
22such a finding.
23    A decision to place a child in substitute care shall be
24made with considerations of the child's health, safety, and
25best interests. At the time of placement, consideration should
26also be given so that if reunification fails or is delayed, the



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1placement made is the best available placement to provide
2permanency for the child.
3    The Department shall adopt rules addressing concurrent
4planning for reunification and permanency. The Department
5shall consider the following factors when determining
6appropriateness of concurrent planning:
7        (1) the likelihood of prompt reunification;
8        (2) the past history of the family;
9        (3) the barriers to reunification being addressed by
10    the family;
11        (4) the level of cooperation of the family;
12        (5) the foster parents' willingness to work with the
13    family to reunite;
14        (6) the willingness and ability of the foster family to
15    provide an adoptive home or long-term placement;
16        (7) the age of the child;
17        (8) placement of siblings.
18    (m) The Department may assume temporary custody of any
19child if:
20        (1) it has received a written consent to such temporary
21    custody signed by the parents of the child or by the parent
22    having custody of the child if the parents are not living
23    together or by the guardian or custodian of the child if
24    the child is not in the custody of either parent, or
25        (2) the child is found in the State and neither a
26    parent, guardian nor custodian of the child can be located.



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1If the child is found in his or her residence without a parent,
2guardian, custodian or responsible caretaker, the Department
3may, instead of removing the child and assuming temporary
4custody, place an authorized representative of the Department
5in that residence until such time as a parent, guardian or
6custodian enters the home and expresses a willingness and
7apparent ability to ensure the child's health and safety and
8resume permanent charge of the child, or until a relative
9enters the home and is willing and able to ensure the child's
10health and safety and assume charge of the child until a
11parent, guardian or custodian enters the home and expresses
12such willingness and ability to ensure the child's safety and
13resume permanent charge. After a caretaker has remained in the
14home for a period not to exceed 12 hours, the Department must
15follow those procedures outlined in Section 2-9, 3-11, 4-8, or
165-415 of the Juvenile Court Act of 1987.
17    The Department shall have the authority, responsibilities
18and duties that a legal custodian of the child would have
19pursuant to subsection (9) of Section 1-3 of the Juvenile Court
20Act of 1987. Whenever a child is taken into temporary custody
21pursuant to an investigation under the Abused and Neglected
22Child Reporting Act, or pursuant to a referral and acceptance
23under the Juvenile Court Act of 1987 of a minor in limited
24custody, the Department, during the period of temporary custody
25and before the child is brought before a judicial officer as
26required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile



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



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



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1operated by the Department. However, such restriction on
2payments does not apply in cases where children require
3specialized care and treatment for problems of severe emotional
4disturbance, physical disability, social adjustment, or any
5combination thereof and suitable facilities for the placement
6of such children are not available at payment rates within the
7limitations set forth in this Section. All reimbursements for
8services delivered shall be absolutely inalienable by
9assignment, sale, attachment, garnishment or otherwise.
10    (n-1) The Department shall provide or authorize child
11welfare services, aimed at assisting minors to achieve
12sustainable self-sufficiency as independent adults, for any
13minor eligible for the reinstatement of wardship pursuant to
14subsection (2) of Section 2-33 of the Juvenile Court Act of
151987, whether or not such reinstatement is sought or allowed,
16provided that the minor consents to such services and has not
17yet attained the age of 21. The Department shall have
18responsibility for the development and delivery of services
19under this Section. An eligible youth may access services under
20this Section through the Department of Children and Family
21Services or by referral from the Department of Human Services.
22Youth participating in services under this Section shall
23cooperate with the assigned case manager in developing an
24agreement identifying the services to be provided and how the
25youth will increase skills to achieve self-sufficiency. A
26homeless shelter is not considered appropriate housing for any



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1youth receiving child welfare services under this Section. The
2Department shall continue child welfare services under this
3Section to any eligible minor until the minor becomes 21 years
4of age, no longer consents to participate, or achieves
5self-sufficiency as identified in the minor's service plan. The
6Department of Children and Family Services shall create clear,
7readable notice of the rights of former foster youth to child
8welfare services under this Section and how such services may
9be obtained. The Department of Children and Family Services and
10the Department of Human Services shall disseminate this
11information statewide. The Department shall adopt regulations
12describing services intended to assist minors in achieving
13sustainable self-sufficiency as independent adults.
14    (o) The Department shall establish an administrative
15review and appeal process for children and families who request
16or receive child welfare services from the Department. Children
17who are wards of the Department and are placed by private child
18welfare agencies, and foster families with whom those children
19are placed, shall be afforded the same procedural and appeal
20rights as children and families in the case of placement by the
21Department, including the right to an initial review of a
22private agency decision by that agency. The Department shall
23insure that any private child welfare agency, which accepts
24wards of the Department for placement, affords those rights to
25children and foster families. The Department shall accept for
26administrative review and an appeal hearing a complaint made by



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1(i) a child or foster family concerning a decision following an
2initial review by a private child welfare agency or (ii) a
3prospective adoptive parent who alleges a violation of
4subsection (j-5) of this Section. An appeal of a decision
5concerning a change in the placement of a child shall be
6conducted in an expedited manner. A court determination that a
7current foster home placement is necessary and appropriate
8under Section 2-28 of the Juvenile Court Act of 1987 does not
9constitute a judicial determination on the merits of an
10administrative appeal, filed by a former foster parent,
11involving a change of placement decision.
12    (p) There is hereby created the Department of Children and
13Family Services Emergency Assistance Fund from which the
14Department may provide special financial assistance to
15families which are in economic crisis when such assistance is
16not available through other public or private sources and the
17assistance is deemed necessary to prevent dissolution of the
18family unit or to reunite families which have been separated
19due to child abuse and neglect. The Department shall establish
20administrative rules specifying the criteria for determining
21eligibility for and the amount and nature of assistance to be
22provided. The Department may also enter into written agreements
23with private and public social service agencies to provide
24emergency financial services to families referred by the
25Department. Special financial assistance payments shall be
26available to a family no more than once during each fiscal year



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1and the total payments to a family may not exceed $500 during a
2fiscal year.
3    (q) The Department may receive and use, in their entirety,
4for the benefit of children any gift, donation or bequest of
5money or other property which is received on behalf of such
6children, or any financial benefits to which such children are
7or may become entitled while under the jurisdiction or care of
8the Department.
9    The Department shall set up and administer no-cost,
10interest-bearing accounts in appropriate financial
11institutions for children for whom the Department is legally
12responsible and who have been determined eligible for Veterans'
13Benefits, Social Security benefits, assistance allotments from
14the armed forces, court ordered payments, parental voluntary
15payments, Supplemental Security Income, Railroad Retirement
16payments, Black Lung benefits, or other miscellaneous
17payments. Interest earned by each account shall be credited to
18the account, unless disbursed in accordance with this
20    In disbursing funds from children's accounts, the
21Department shall:
22        (1) Establish standards in accordance with State and
23    federal laws for disbursing money from children's
24    accounts. In all circumstances, the Department's
25    "Guardianship Administrator" or his or her designee must
26    approve disbursements from children's accounts. The



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1    Department shall be responsible for keeping complete
2    records of all disbursements for each account for any
3    purpose.
4        (2) Calculate on a monthly basis the amounts paid from
5    State funds for the child's board and care, medical care
6    not covered under Medicaid, and social services; and
7    utilize funds from the child's account, as covered by
8    regulation, to reimburse those costs. Monthly,
9    disbursements from all children's accounts, up to 1/12 of
10    $13,000,000, shall be deposited by the Department into the
11    General Revenue Fund and the balance over 1/12 of
12    $13,000,000 into the DCFS Children's Services Fund.
13        (3) Maintain any balance remaining after reimbursing
14    for the child's costs of care, as specified in item (2).
15    The balance shall accumulate in accordance with relevant
16    State and federal laws and shall be disbursed to the child
17    or his or her guardian, or to the issuing agency.
18    (r) The Department shall promulgate regulations
19encouraging all adoption agencies to voluntarily forward to the
20Department or its agent names and addresses of all persons who
21have applied for and have been approved for adoption of a
22hard-to-place child or child with a disability and the names of
23such children who have not been placed for adoption. A list of
24such names and addresses shall be maintained by the Department
25or its agent, and coded lists which maintain the
26confidentiality of the person seeking to adopt the child and of



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1the child shall be made available, without charge, to every
2adoption agency in the State to assist the agencies in placing
3such children for adoption. The Department may delegate to an
4agent its duty to maintain and make available such lists. The
5Department shall ensure that such agent maintains the
6confidentiality of the person seeking to adopt the child and of
7the child.
8    (s) The Department of Children and Family Services may
9establish and implement a program to reimburse Department and
10private child welfare agency foster parents licensed by the
11Department of Children and Family Services for damages
12sustained by the foster parents as a result of the malicious or
13negligent acts of foster children, as well as providing third
14party coverage for such foster parents with regard to actions
15of foster children to other individuals. Such coverage will be
16secondary to the foster parent liability insurance policy, if
17applicable. The program shall be funded through appropriations
18from the General Revenue Fund, specifically designated for such
20    (t) The Department shall perform home studies and
21investigations and shall exercise supervision over visitation
22as ordered by a court pursuant to the Illinois Marriage and
23Dissolution of Marriage Act or the Adoption Act only if:
24        (1) an order entered by an Illinois court specifically
25    directs the Department to perform such services; and
26        (2) the court has ordered one or both of the parties to



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1    the proceeding to reimburse the Department for its
2    reasonable costs for providing such services in accordance
3    with Department rules, or has determined that neither party
4    is financially able to pay.
5    The Department shall provide written notification to the
6court of the specific arrangements for supervised visitation
7and projected monthly costs within 60 days of the court order.
8The Department shall send to the court information related to
9the costs incurred except in cases where the court has
10determined the parties are financially unable to pay. The court
11may order additional periodic reports as appropriate.
12    (u) In addition to other information that must be provided,
13whenever the Department places a child with a prospective
14adoptive parent or parents or in a licensed foster home, group
15home, child care institution, or in a relative home, the
16Department shall provide to the prospective adoptive parent or
17parents or other caretaker:
18        (1) available detailed information concerning the
19    child's educational and health history, copies of
20    immunization records (including insurance and medical card
21    information), a history of the child's previous
22    placements, if any, and reasons for placement changes
23    excluding any information that identifies or reveals the
24    location of any previous caretaker;
25        (2) a copy of the child's portion of the client service
26    plan, including any visitation arrangement, and all



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1    amendments or revisions to it as related to the child; and
2        (3) information containing details of the child's
3    individualized educational plan when the child is
4    receiving special education services.
5    The caretaker shall be informed of any known social or
6behavioral information (including, but not limited to,
7criminal background, fire setting, perpetuation of sexual
8abuse, destructive behavior, and substance abuse) necessary to
9care for and safeguard the children to be placed or currently
10in the home. The Department may prepare a written summary of
11the information required by this paragraph, which may be
12provided to the foster or prospective adoptive parent in
13advance of a placement. The foster or prospective adoptive
14parent may review the supporting documents in the child's file
15in the presence of casework staff. In the case of an emergency
16placement, casework staff shall at least provide known
17information verbally, if necessary, and must subsequently
18provide the information in writing as required by this
20    The information described in this subsection shall be
21provided in writing. In the case of emergency placements when
22time does not allow prior review, preparation, and collection
23of written information, the Department shall provide such
24information as it becomes available. Within 10 business days
25after placement, the Department shall obtain from the
26prospective adoptive parent or parents or other caretaker a



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1signed verification of receipt of the information provided.
2Within 10 business days after placement, the Department shall
3provide to the child's guardian ad litem a copy of the
4information provided to the prospective adoptive parent or
5parents or other caretaker. The information provided to the
6prospective adoptive parent or parents or other caretaker shall
7be reviewed and approved regarding accuracy at the supervisory
9    (u-5) Effective July 1, 1995, only foster care placements
10licensed as foster family homes pursuant to the Child Care Act
11of 1969 shall be eligible to receive foster care payments from
12the Department. Relative caregivers who, as of July 1, 1995,
13were approved pursuant to approved relative placement rules
14previously promulgated by the Department at 89 Ill. Adm. Code
15335 and had submitted an application for licensure as a foster
16family home may continue to receive foster care payments only
17until the Department determines that they may be licensed as a
18foster family home or that their application for licensure is
19denied or until September 30, 1995, whichever occurs first.
20    (v) The Department shall access criminal history record
21information as defined in the Illinois Uniform Conviction
22Information Act and information maintained in the adjudicatory
23and dispositional record system as defined in Section 2605-355
24of the Department of State Police Law (20 ILCS 2605/2605-355)
25if the Department determines the information is necessary to
26perform its duties under the Abused and Neglected Child



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1Reporting Act, the Child Care Act of 1969, and the Children and
2Family Services Act. The Department shall provide for
3interactive computerized communication and processing
4equipment that permits direct on-line communication with the
5Department of State Police's central criminal history data
6repository. The Department shall comply with all certification
7requirements and provide certified operators who have been
8trained by personnel from the Department of State Police. In
9addition, one Office of the Inspector General investigator
10shall have training in the use of the criminal history
11information access system and have access to the terminal. The
12Department of Children and Family Services and its employees
13shall abide by rules and regulations established by the
14Department of State Police relating to the access and
15dissemination of this information.
16    (v-1) Prior to final approval for placement of a child, the
17Department shall conduct a criminal records background check of
18the prospective foster or adoptive parent, including
19fingerprint-based checks of national crime information
20databases. Final approval for placement shall not be granted if
21the record check reveals a felony conviction for child abuse or
22neglect, for spousal abuse, for a crime against children, or
23for a crime involving violence, including rape, sexual assault,
24or homicide, but not including other physical assault or
25battery, or if there is a felony conviction for physical
26assault, battery, or a drug-related offense committed within



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1the past 5 years.
2    (v-2) Prior to final approval for placement of a child, the
3Department shall check its child abuse and neglect registry for
4information concerning prospective foster and adoptive
5parents, and any adult living in the home. If any prospective
6foster or adoptive parent or other adult living in the home has
7resided in another state in the preceding 5 years, the
8Department shall request a check of that other state's child
9abuse and neglect registry.
10    (w) Within 120 days of August 20, 1995 (the effective date
11of Public Act 89-392), the Department shall prepare and submit
12to the Governor and the General Assembly, a written plan for
13the development of in-state licensed secure child care
14facilities that care for children who are in need of secure
15living arrangements for their health, safety, and well-being.
16For purposes of this subsection, secure care facility shall
17mean a facility that is designed and operated to ensure that
18all entrances and exits from the facility, a building or a
19distinct part of the building, are under the exclusive control
20of the staff of the facility, whether or not the child has the
21freedom of movement within the perimeter of the facility,
22building, or distinct part of the building. The plan shall
23include descriptions of the types of facilities that are needed
24in Illinois; the cost of developing these secure care
25facilities; the estimated number of placements; the potential
26cost savings resulting from the movement of children currently



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1out-of-state who are projected to be returned to Illinois; the
2necessary geographic distribution of these facilities in
3Illinois; and a proposed timetable for development of such
5    (x) The Department shall conduct annual credit history
6checks to determine the financial history of children placed
7under its guardianship pursuant to the Juvenile Court Act of
81987. The Department shall conduct such credit checks starting
9when a ward turns 12 years old and each year thereafter for the
10duration of the guardianship as terminated pursuant to the
11Juvenile Court Act of 1987. The Department shall determine if
12financial exploitation of the child's personal information has
13occurred. If financial exploitation appears to have taken place
14or is presently ongoing, the Department shall notify the proper
15law enforcement agency, the proper State's Attorney, or the
16Attorney General.
17    (y) Beginning on the effective date of this amendatory Act
18of the 96th General Assembly, a child with a disability who
19receives residential and educational services from the
20Department shall be eligible to receive transition services in
21accordance with Article 14 of the School Code from the age of
2214.5 through age 21, inclusive, notwithstanding the child's
23residential services arrangement. For purposes of this
24subsection, "child with a disability" means a child with a
25disability as defined by the federal Individuals with
26Disabilities Education Improvement Act of 2004.



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1    (z) The Department shall access criminal history record
2information as defined as "background information" in this
3subsection and criminal history record information as defined
4in the Illinois Uniform Conviction Information Act for each
5Department employee or Department applicant. Each Department
6employee or Department applicant shall submit his or her
7fingerprints to the Department of State Police in the form and
8manner prescribed by the Department of State Police. These
9fingerprints shall be checked against the fingerprint records
10now and hereafter filed in the Department of State Police and
11the Federal Bureau of Investigation criminal history records
12databases. The Department of State Police shall charge a fee
13for conducting the criminal history record check, which shall
14be deposited into the State Police Services Fund and shall not
15exceed the actual cost of the record check. The Department of
16State Police shall furnish, pursuant to positive
17identification, all Illinois conviction information to the
18Department of Children and Family Services.
19    For purposes of this subsection:
20    "Background information" means all of the following:
21        (i) Upon the request of the Department of Children and
22    Family Services, conviction information obtained from the
23    Department of State Police as a result of a
24    fingerprint-based criminal history records check of the
25    Illinois criminal history records database and the Federal
26    Bureau of Investigation criminal history records database



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1    concerning a Department employee or Department applicant.
2        (ii) Information obtained by the Department of
3    Children and Family Services after performing a check of
4    the Department of State Police's Sex Offender Database, as
5    authorized by Section 120 of the Sex Offender Community
6    Notification Law, concerning a Department employee or
7    Department applicant.
8        (iii) Information obtained by the Department of
9    Children and Family Services after performing a check of
10    the Child Abuse and Neglect Tracking System (CANTS)
11    operated and maintained by the Department.
12    "Department employee" means a full-time or temporary
13employee coded or certified within the State of Illinois
14Personnel System.
15    "Department applicant" means an individual who has
16conditional Department full-time or part-time work, a
17contractor, an individual used to replace or supplement staff,
18an academic intern, a volunteer in Department offices or on
19Department contracts, a work-study student, an individual or
20entity licensed by the Department, or an unlicensed service
21provider who works as a condition of a contract or an agreement
22and whose work may bring the unlicensed service provider into
23contact with Department clients or client records.
24(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13;
2598-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff.



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1    Section 10. The Illinois Power of Attorney Act is amended
2by adding Article I-A as follows:
3    (755 ILCS 45/Art. I-A heading new)

5    (755 ILCS 45/1A-1 new)
6    Sec. 1A-1. Definitions. As used in this Article:
7    "Serving parent" means a parent who is a member of the
8Armed Forces of the United States, including any reserve
9component thereof, or the commissioned corps of the National
10Oceanic and Atmospheric Administration or the Public Health
11Service of the United States Department of Health and Human
12Services detailed by proper authority for duty with the Armed
13Forces of the United States, or who is required to enter or
14serve in the active military service of the United States under
15a call or order of the President of the United States or to
16serve on State active duty.
17    "Attorney-in-fact" means a person to whom powers are
18delegated under a power of attorney.
19    (755 ILCS 45/1A-2 new)
20    Sec. 1A-2. Power of attorney for care and custody of child.
21    (a) A parent or legal custodian of a child, by a properly
22executed power of attorney provided in Section 1A-3, may



HB4327- 34 -LRB099 15125 HEP 39346 b

1delegate to another person, for a period not to exceed one
2year, except as provided in subsection (f), any of the powers
3regarding the care and custody of the child, except the power
4to consent to marriage or adoption of the child, the
5performance or inducement of an abortion on or for the child,
6or the termination of parental rights to the child. A
7delegation of powers under this Section shall not operate to
8change or modify any parental or legal rights, obligations, or
9authority established by an existing court order, or deprive
10the parent or legal custodian of any parental or legal rights,
11obligations, or authority regarding the custody, visitation,
12or support of the child.
13    (b) The parent or legal custodian of the child may revoke
14or withdraw the power of attorney authorized by subsection (a)
15at any time. Except as provided in subsection (f), if the
16delegation of authority lasts longer than one year, the parent
17or legal custodian of the child shall execute a new power of
18attorney for each additional year that the delegation exists.
19If a parent withdraws or revokes the power of attorney, the
20child shall be returned to the custody of the parents as soon
21as reasonably possible.
22    (c) Unless the authority is revoked or withdrawn by the
23parent, the attorney-in-fact shall exercise parental or legal
24authority on a continuous basis without compensation for the
25duration of the power of attorney authorized by subsection (a)
26and shall not be subject to any laws concerning the licensing



HB4327- 35 -LRB099 15125 HEP 39346 b

1or regulation of foster care homes.
2    (d) Except as otherwise provided by law, the execution of a
3power of attorney by a parent or legal custodian, as authorized
4in subsection (a), shall not constitute abandonment, abuse, or
5neglect unless the parent or legal custodian fails to take
6custody of the child or execute a new power of attorney after
7the one-year time limit has elapsed.
8    (e) Under a delegation of powers as authorized by
9subsection (a), the child subject to the power of attorney
10shall not be considered placed in foster care and the parties
11shall not be subject to any of the requirements or licensing
12rules for foster care or other rules relating to community care
13for children.
14    (f) A serving parent may delegate the powers designated in
15subsection (a) for a period longer than one year if on active
16duty service. The term of delegation, however, may not exceed
17the term of active duty service plus 30 days.
18    (755 ILCS 45/1A-3 new)
19    Sec. 1A-3. Form.
20    (a) The following statutory form of power of attorney to
21delegate parental or legal authority as authorized by Section
221A-2 is legally sufficient:





HB4327- 36 -LRB099 15125 HEP 39346 b

11. I certify that I am the parent or legal custodian of:
3(Full name of minor child)(Date of birth)
5(Full name of minor child)(Date of birth)
7(Full name of minor child)(Date of birth)
8who is/are minor children.
92. I designate . (Full name of attorney-in-fact),
11(Street address, city, state, and zip code of attorney-in-fact)
13(Home phone of
14attorney-in-fact)(Work phone of attorney-in-fact)
15as the attorney-in-fact of each minor child named above.
163. I delegate to the attorney-in-fact all of my power and
17authority regarding the care, custody, and property of each
18minor child named above, including, but not limited to, the
19right to enroll the child in school, inspect and obtain copies
20of education records and other records concerning the child,
21attend school activities and other functions concerning the
22child, and give or withhold any consent or waiver with respect
23to school activities, medical and dental treatment, and any



HB4327- 37 -LRB099 15125 HEP 39346 b

1other activity, function, or treatment that may concern the
2child. This delegation does not include the power or authority
3to consent to marriage or adoption of the child, the
4performance or inducement of an abortion on or for the child,
5or the termination of parental rights to the child.
74. I delegate to the attorney-in-fact the following specific
8powers and responsibilities (write in):
10(In the event Section 4 is completed, Section 3 does not
12    This delegation does not include the power or authority to
13consent to marriage or adoption of the child, the performance
14or inducement of an abortion on or for the child, or the
15termination of parental rights to the child.
165. This power of attorney is effective for a period not to
17exceed one year, beginning ............, 20....., and ending
18............, 20...... I reserve the right to revoke this
19authority at any time.
216. I am a serving parent as defined by Section 1A-1 of the



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1Illinois Power of Attorney Act. My active duty service is
2scheduled to begin on ............, 20....., and is estimated
3to end on ............, 20...... I acknowledge that in no event
4may this delegation of power last more than one year or the
5term on my active duty plus 30 days, whichever is longer.
6By ..............................
7(Parent/Legal Custodian signature)
87. I hereby accept my designation as attorney-in-fact for the
9minor child/children specified in this power of attorney.
11(attorney-in-fact signature)
12Signed and sworn before me on .................. (insert date)
13by .................. (parent or legal custodian) and
14.................. (attorney-in-fact).
16(Signature of notary public)
17My commission expires: ...................."
18    (b) The power of attorney under this Section is legally
19sufficient under this Act if the wording of the form complies
20substantially with subsection (a) of this Section, the form is
21properly completed, and the signatures of the parties are



HB4327- 39 -LRB099 15125 HEP 39346 b

2    (755 ILCS 45/1A-4 new)
3    Sec. 1A-4. Other laws. An attorney-in-fact to whom powers
4are delegated under this Article by a parent or guardian is not
5subject, as a result of the delegation of powers, to the
6requirements of any child care facility licensing laws or
7foster care licensing laws and the delegation does not
8constitute an out-of-home child placement under any child
9welfare law of this State.