Illinois General Assembly - Full Text of HB3684
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Full Text of HB3684  99th General Assembly




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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 of 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, residential
16    treatment facilities, and foster homes, an allowance.
17        (4) To receive medical, dental, vision, and mental
18    health services.
19        (5) To be free of the administration of medication or
20    chemical substances, unless authorized by a physician.
21        (6) To contact family members, unless prohibited by
22    court order, and social workers, attorneys, foster youth
23    advocates and supporters, Court Appointed Special



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1    Advocates (CASAs), and probation officers.
2        (7) To visit and contact brothers and sisters, unless
3    prohibited by court order.
4        (8) To contact the Advocacy Office for Children and
5    Families established under the Children and Family
6    Services Act or the Department of Children and Family
7    Services' Office of the Inspector General regarding
8    violations of rights, to speak to representatives of these
9    offices confidentially, and to be free from threats or
10    punishment for making complaints.
11        (9) To make and receive confidential telephone calls
12    and send and receive unopened mail, unless prohibited by
13    court order.
14        (10) To attend religious services and activities of his
15    or her choice.
16        (11) To maintain an emancipation bank account and
17    manage personal income, consistent with the child's age and
18    developmental level, unless prohibited by the case plan.
19        (12) To not be locked in a room, building, or facility
20    premises, unless placed in a secure child care facility
21    licensed by the Department of Children and Family Services
22    under the Child Care Act of 1969 and placed pursuant to
23    Section 2-27.1 of the Juvenile Court Act of 1987.
24        (13) To attend school and participate in
25    extracurricular, cultural, and personal enrichment
26    activities, consistent with the child's age and



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



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1        (23) To have fair and equal access to all available
2    services, placement, care, treatment, and benefits, and to
3    not be subjected to discrimination or harassment on the
4    basis of actual or perceived race, ethnic group
5    identification, ancestry, national origin, color,
6    religion, sex, sexual orientation, gender identity, mental
7    or physical disability, or HIV status.
8        (24) To have caregivers and child welfare personnel who
9    have received sensitivity training and instruction on
10    matters concerning race, ethnicity, national origin,
11    color, ancestry, religion, mental and physical disability,
12    and HIV status.
13        (25) To have caregivers and child welfare personnel who
14    have received instruction on cultural competency and
15    sensitivity relating to, and best practices for, providing
16    adequate care to lesbian, gay, bisexual, and transgender
17    youth in out-of-home care.
18        (26) At 16 years of age or older, to have access to
19    existing information regarding the educational options
20    available, including, but not limited to, the coursework
21    necessary for vocational and postsecondary educational
22    programs, and information regarding financial aid for
23    postsecondary education.
24        (27) To have access to age-appropriate, medically
25    accurate information about reproductive health care, the
26    prevention of unplanned pregnancy, and the prevention and



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1    treatment of sexually transmitted infections at 12 years of
2    age or older.
3        (28) To receive a copy of this Act from and have it
4    fully explained by the Department of Children and Family
5    Services when the child or adult is placed in the care of
6    the Department of Children and Family Services.
7    Section 10. Foster care provider. Nothing in this Act shall
8be interpreted to require a foster care provider to take any
9action that would impair the health and safety of children in
10out-of-home placement.