HB2365 96TH GENERAL ASSEMBLY

LRB096 10282 JAM 20452 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2365

Introduced 2/19/2009, by Rep. Eddie Washington

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 505/34.11

Creates the Kinship Navigator Act. Defines "kinship care" as the full time care, nurturing, and protection of children by relatives, members of their tribes or clans, grandparents, godparents, stepparents, or any adult who has physical custody and a kinship bond with a child. This definition is designed to be inclusive without age restrictions on the kinship caregiver and respectful of cultural values and ties of affection. It allows a child to grow to adulthood in a family environment. Establishes a program, to be administered through a grant to a not-for-profit organization, to serve as liaison among State agencies and groups, to promote kinship care through conferences, and to provide the following services: organizing diverse, enriched, and culturally conscious kinship support groups and counseling; assisting with applying for benefits within the Family Community Resource Centers for those who qualify; publishing monthly newsletters; coordinating respite and crisis care services; assisting kinship caregivers with job readiness, job search, and job retention; and providing technical assistance to start up kinship support groups. Amends the Children and Family Services Act to provide for coordination with the grandparent child care program. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Kinship Navigator Act.

Section 5. Definitions. In this Act:

(1) "Department" means the Department of Human Services.

(2) "NPO" means a not-for-profit organization.

(3) "Municipality" has the meaning ascribed to it in Section 1-1-2 of the Illinois Municipal Code.

(4) "Kinship care" means, as defined by Child Welfare League of America, the full time care, nurturing, and protection of children by relatives, members of their tribes or clans, grandparents, godparents, stepparents, or any adult who has physical custody and a kinship bond with a child. This definition is designed to be inclusive without age restrictions on the kinship caregiver and respectful of cultural values and ties of affection. It allows a child to grow to adulthood in a family environment.

(5) "Kinship Navigator" means a statewide program designed to ensure kinship caregivers the necessary resources for the preservation of the family.

Section 10. Legislative findings and intent.

(1) Kinship caregivers often care for non-biological children without compensation or support systems.

(2) Kinship caregivers are crucial to avoiding institutionalization of children and saving taxpayer dollars.

(3) Kinship caregivers are frequently under substantial physical, psychological, and financial stress. Unrelieved by support services available to the caregiver, this stress may lead to premature or unnecessary institutionalization for the care recipient or deterioration of the health condition and family circumstances of the kinship caregiver.

(4) Sudden responsibility for children often precludes kinship caregivers the opportunity to plan basic day to day responsibility.

(5) The Kinship Navigator shall establish itself to be seamless and statewide through an NPO serving as the liaison among the Department of Human Services, Illinois Housing Authority, Department of Children and Family Services, Department of Corrections, and federal and local governments as well as other public and private sources.

(6) Additional services provided under the Kinship Navigator shall be: organizing diverse, enriched, and culturally conscious kinship support groups and counseling; assisting with applying for benefits within the Family Community Resource Centers for those who qualify; publishing monthly newsletters; coordinating respite and crisis care services; assisting kinship caregivers with job readiness, job search, and job retention; and providing technical assistance to start up kinship support groups.

Section 15. Kinship Navigator conferences: promotion. The Department shall annually hold 2 conferences, one in Cook County and one in Sangamon County, and provide for exhibits and activities for kinship caregivers and social service providers.

Section 20. Kinship Navigator administration. The Department, subject to appropriation, shall administer Kinship Navigator through grants to an NPO that has worked statewide with kinship families. The Department shall coordinate the program created by this Act with the grandparent child care program administered by the Department of Children and Family Services under Section 34.11 of the Children and Family Services Act.

Section 25. Rules. The Department shall adopt the rules necessary for the implementation and administration of this Act.

Section 90. The Children and Family Services Act is amended by changing Section 34.11 as follows:

(20 ILCS 505/34.11)

Sec. 34.11. Grandparent child care program.

(a) The General Assembly finds and declares the following:

(1) An increasing number of children under the age of 18, including many children who would otherwise be at risk of abuse or neglect, are in the care of a grandparent or other nonparent relative.

(2) The principal causes of this increase include parental substance abuse, child abuse, mental illness, poverty, and death, as well as concerted efforts by families and by the child welfare service system to keep children with relatives whenever possible.

(3) Grandparents and older relatives providing primary care for at-risk children may experience unique resultant problems, such as financial stress due to limited incomes, emotional difficulties dealing with the loss of the child's parents or the child's unique behaviors, and decreased physical stamina coupled with a much higher incidence of chronic illness.

(4) Many children being raised by nonparent relatives experience one or a combination of emotional, behavioral, psychological, academic, or medical problems, especially those born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment.

(5) Grandparents and other relatives providing primary care for children lack appropriate information about the issues of kinship care, the special needs (both physical and psychological) of children born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment, and the support resources currently available to them.

(b) The Department may establish an informational and educational program for grandparents and other relatives who provide primary care for children who are at risk of child abuse, neglect, or abandonment or who were born to substance-abusing mothers. As a part of the program, the Department may develop, publish, and distribute an informational brochure for grandparents and other relatives who provide primary care for children who are at risk of child abuse, neglect, or abandonment or who were born to substance-abusing mothers. The information provided under the program authorized by this Section may include, but is not limited to the following:

(1) The most prevalent causes of kinship care, especially the risk of substance exposure or child abuse, neglect, or abandonment.

(2) The problems experienced by children being raised by nonparent caregivers.

(3) The problems experienced by grandparents and other nonparent relatives providing primary care for children who have special needs.

(4) The legal system as it relates to children and their nonparent primary caregivers.

(5) The benefits available to children and their nonparent primary caregivers.

(6) A list of support groups and resources located throughout the State.

The brochure may be distributed through hospitals, public health nurses, child protective services, medical professional offices, elementary and secondary schools, senior citizen centers, public libraries, community action agencies selected by the Department, and the Department of Human Services.

The Department shall coordinate the grandparent child care program under this Section with the program established and administered by the Department of Human Services under the Kinship Navigator Act.

(Source: P.A. 88-229; 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)

Section 99. Effective date. This Act takes effect upon becoming law.