Illinois General Assembly - Full Text of SB1116
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Full Text of SB1116  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/5/2019, by Sen. Laura Fine


20 ILCS 505/5  from Ch. 23, par. 5005
705 ILCS 405/2-3  from Ch. 37, par. 802-3
705 ILCS 405/2-4  from Ch. 37, par. 802-4
705 ILCS 405/2-23  from Ch. 37, par. 802-23

    Amends the Juvenile Court Act of 1987. Provides that a minor is subject to the Act if the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under the Act prior to the minor's 18th birthday (rather than any minor under 18 years of age). Makes conforming changes. Effective immediately.

LRB101 08503 SLF 53580 b





SB1116LRB101 08503 SLF 53580 b

1    AN ACT concerning minors.
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 screening techniques to identify substance use
8disorders, as defined in the Substance Use Disorder Act,
9approved by the Department of Human Services, as a successor to
10the Department of Alcoholism and Substance Abuse, for the
11purpose of identifying children and adults who should be
12referred for an assessment at an organization appropriately
13licensed by the Department of Human Services for substance use
14disorder treatment.
15    (h) If the Department finds that there is no appropriate
16program or facility within or available to the Department for a
17youth in care and that no licensed private facility has an
18adequate and appropriate program or none agrees to accept the
19youth in care, the Department shall create an appropriate
20individualized, program-oriented plan for such youth in care.
21The plan may be developed within the Department or through
22purchase of services by the Department to the extent that it is
23within its statutory authority to do.
24    (i) Service programs shall be available throughout the
25State and shall include but not be limited to the following



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1        (1) case management;
2        (2) homemakers;
3        (3) counseling;
4        (4) parent education;
5        (5) day care; and
6        (6) emergency assistance and advocacy.
7    In addition, the following services may be made available
8to assess and meet the needs of children and families:
9        (1) comprehensive family-based services;
10        (2) assessments;
11        (3) respite care; and
12        (4) in-home health services.
13    The Department shall provide transportation for any of the
14services it makes available to children or families or for
15which it refers children or families.
16    (j) The Department may provide categories of financial
17assistance and education assistance grants, and shall
18establish rules and regulations concerning the assistance and
19grants, to persons who adopt children with physical or mental
20disabilities, children who are older, or other hard-to-place
21children who (i) immediately prior to their adoption were youth
22in care or (ii) were determined eligible for financial
23assistance with respect to a prior adoption and who become
24available for adoption because the prior adoption has been
25dissolved and the parental rights of the adoptive parents have
26been terminated or because the child's adoptive parents have



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1died. The Department may continue to provide financial
2assistance and education assistance grants for a child who was
3determined eligible for financial assistance under this
4subsection (j) in the interim period beginning when the child's
5adoptive parents died and ending with the finalization of the
6new adoption of the child by another adoptive parent or
7parents. The Department may also provide categories of
8financial assistance and education assistance grants, and
9shall establish rules and regulations for the assistance and
10grants, to persons appointed guardian of the person under
11Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
124-25, or 5-740 of the Juvenile Court Act of 1987 for children
13who were youth in care for 12 months immediately prior to the
14appointment of the guardian.
15    The amount of assistance may vary, depending upon the needs
16of the child and the adoptive parents, as set forth in the
17annual assistance agreement. Special purpose grants are
18allowed where the child requires special service but such costs
19may not exceed the amounts which similar services would cost
20the Department if it were to provide or secure them as guardian
21of the child.
22    Any financial assistance provided under this subsection is
23inalienable by assignment, sale, execution, attachment,
24garnishment, or any other remedy for recovery or collection of
25a judgment or debt.
26    (j-5) The Department shall not deny or delay the placement



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



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



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1services shall be voluntary. The Department may also provide
2services to any child or family after completion of a family
3assessment, as an alternative to an investigation, as provided
4under the "differential response program" provided for in
5subsection (a-5) of Section 7.4 of the Abused and Neglected
6Child Reporting Act.
7    The Department may, at its discretion except for those
8children also adjudicated neglected or dependent, accept for
9care and training any child who has been adjudicated addicted,
10as a truant minor in need of supervision or as a minor
11requiring authoritative intervention, under the Juvenile Court
12Act or the Juvenile Court Act of 1987, but no such child shall
13be committed to the Department by any court without the
14approval of the Department. On and after January 1, 2015 (the
15effective date of Public Act 98-803) and before January 1,
162017, a minor charged with a criminal offense under the
17Criminal Code of 1961 or the Criminal Code of 2012 or
18adjudicated delinquent shall not be placed in the custody of or
19committed to the Department by any court, except (i) a minor
20less than 16 years of age committed to the Department under
21Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22for whom an independent basis of abuse, neglect, or dependency
23exists, which must be defined by departmental rule, or (iii) a
24minor for whom the court has granted a supplemental petition to
25reinstate wardship pursuant to subsection (2) of Section 2-33
26of the Juvenile Court Act of 1987. On and after January 1,



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12017, a minor charged with a criminal offense under the
2Criminal Code of 1961 or the Criminal Code of 2012 or
3adjudicated delinquent shall not be placed in the custody of or
4committed to the Department by any court, except (i) a minor
5less than 15 years of age committed to the Department under
6Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
7for whom an independent basis of abuse, neglect, or dependency
8exists, which must be defined by departmental rule, or (iii) a
9minor for whom the court has granted a supplemental petition to
10reinstate wardship pursuant to subsection (2) of Section 2-33
11of the Juvenile Court Act of 1987. An independent basis exists
12when the allegations or adjudication of abuse, neglect, or
13dependency do not arise from the same facts, incident, or
14circumstances which give rise to a charge or adjudication of
15delinquency. The Department shall assign a caseworker to attend
16any hearing involving a youth in the care and custody of the
17Department who is placed on aftercare release, including
18hearings involving sanctions for violation of aftercare
19release conditions and aftercare release revocation hearings.
20    As soon as is possible after August 7, 2009 (the effective
21date of Public Act 96-134), the Department shall develop and
22implement a special program of family preservation services to
23support intact, foster, and adoptive families who are
24experiencing extreme hardships due to the difficulty and stress
25of caring for a child who has been diagnosed with a pervasive
26developmental disorder if the Department determines that those



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



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



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1best interests. At the time of placement, consideration should
2also be given so that if reunification fails or is delayed, the
3placement made is the best available placement to provide
4permanency for the child.
5    The Department shall adopt rules addressing concurrent
6planning for reunification and permanency. The Department
7shall consider the following factors when determining
8appropriateness of concurrent planning:
9        (1) the likelihood of prompt reunification;
10        (2) the past history of the family;
11        (3) the barriers to reunification being addressed by
12    the family;
13        (4) the level of cooperation of the family;
14        (5) the foster parents' willingness to work with the
15    family to reunite;
16        (6) the willingness and ability of the foster family to
17    provide an adoptive home or long-term placement;
18        (7) the age of the child;
19        (8) placement of siblings.
20    (m) The Department may assume temporary custody of any
21child if:
22        (1) it has received a written consent to such temporary
23    custody signed by the parents of the child or by the parent
24    having custody of the child if the parents are not living
25    together or by the guardian or custodian of the child if
26    the child is not in the custody of either parent, or



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1        (2) the child is found in the State and neither a
2    parent, guardian nor custodian of the child can be located.
3If the child is found in his or her residence without a parent,
4guardian, custodian or responsible caretaker, the Department
5may, instead of removing the child and assuming temporary
6custody, place an authorized representative of the Department
7in that residence until such time as a parent, guardian or
8custodian enters the home and expresses a willingness and
9apparent ability to ensure the child's health and safety and
10resume permanent charge of the child, or until a relative
11enters the home and is willing and able to ensure the child's
12health and safety and assume charge of the child until a
13parent, guardian or custodian enters the home and expresses
14such willingness and ability to ensure the child's safety and
15resume permanent charge. After a caretaker has remained in the
16home for a period not to exceed 12 hours, the Department must
17follow those procedures outlined in Section 2-9, 3-11, 4-8, or
185-415 of the Juvenile Court Act of 1987.
19    The Department shall have the authority, responsibilities
20and duties that a legal custodian of the child would have
21pursuant to subsection (9) of Section 1-3 of the Juvenile Court
22Act of 1987. Whenever a child is taken into temporary custody
23pursuant to an investigation under the Abused and Neglected
24Child Reporting Act, or pursuant to a referral and acceptance
25under the Juvenile Court Act of 1987 of a minor in limited
26custody, the Department, during the period of temporary custody



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1and before the child is brought before a judicial officer as
2required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
3Court Act of 1987, shall have the authority, responsibilities
4and duties that a legal custodian of the child would have under
5subsection (9) of Section 1-3 of the Juvenile Court Act of
7    The Department shall ensure that any child taken into
8custody is scheduled for an appointment for a medical
10    A parent, guardian or custodian of a child in the temporary
11custody of the Department who would have custody of the child
12if he were not in the temporary custody of the Department may
13deliver to the Department a signed request that the Department
14surrender the temporary custody of the child. The Department
15may retain temporary custody of the child for 10 days after the
16receipt of the request, during which period the Department may
17cause to be filed a petition pursuant to the Juvenile Court Act
18of 1987. If a petition is so filed, the Department shall retain
19temporary custody of the child until the court orders
20otherwise. If a petition is not filed within the 10-day period,
21the child shall be surrendered to the custody of the requesting
22parent, guardian or custodian not later than the expiration of
23the 10-day period, at which time the authority and duties of
24the Department with respect to the temporary custody of the
25child shall terminate.
26    (m-1) The Department may place children under 18 years of



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



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1average per capita cost of maintaining and of caring for a
2child in institutions for dependent or neglected children
3operated by the Department. However, such restriction on
4payments does not apply in cases where children require
5specialized care and treatment for problems of severe emotional
6disturbance, physical disability, social adjustment, or any
7combination thereof and suitable facilities for the placement
8of such children are not available at payment rates within the
9limitations set forth in this Section. All reimbursements for
10services delivered shall be absolutely inalienable by
11assignment, sale, attachment, garnishment or otherwise.
12    (n-1) The Department shall provide or authorize child
13welfare services, aimed at assisting minors to achieve
14sustainable self-sufficiency as independent adults, for any
15minor eligible for the reinstatement of wardship pursuant to
16subsection (2) of Section 2-33 of the Juvenile Court Act of
171987, whether or not such reinstatement is sought or allowed,
18provided that the minor consents to such services and has not
19yet attained the age of 21. The Department shall have
20responsibility for the development and delivery of services
21under this Section. An eligible youth may access services under
22this Section through the Department of Children and Family
23Services or by referral from the Department of Human Services.
24Youth participating in services under this Section shall
25cooperate with the assigned case manager in developing an
26agreement identifying the services to be provided and how the



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1youth will increase skills to achieve self-sufficiency. A
2homeless shelter is not considered appropriate housing for any
3youth receiving child welfare services under this Section. The
4Department shall continue child welfare services under this
5Section to any eligible minor until the minor becomes 21 years
6of age, no longer consents to participate, or achieves
7self-sufficiency as identified in the minor's service plan. The
8Department of Children and Family Services shall create clear,
9readable notice of the rights of former foster youth to child
10welfare services under this Section and how such services may
11be obtained. The Department of Children and Family Services and
12the Department of Human Services shall disseminate this
13information statewide. The Department shall adopt regulations
14describing services intended to assist minors in achieving
15sustainable self-sufficiency as independent adults.
16    (o) The Department shall establish an administrative
17review and appeal process for children and families who request
18or receive child welfare services from the Department. Youth in
19care who are placed by private child welfare agencies, and
20foster families with whom those youth are placed, shall be
21afforded the same procedural and appeal rights as children and
22families in the case of placement by the Department, including
23the right to an initial review of a private agency decision by
24that agency. The Department shall ensure that any private child
25welfare agency, which accepts youth in care for placement,
26affords those rights to children and foster families. The



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1Department shall accept for administrative review and an appeal
2hearing a complaint made by (i) a child or foster family
3concerning a decision following an initial review by a private
4child welfare agency or (ii) a prospective adoptive parent who
5alleges a violation of subsection (j-5) of this Section. An
6appeal of a decision concerning a change in the placement of a
7child shall be conducted in an expedited manner. A court
8determination that a current foster home placement is necessary
9and appropriate under Section 2-28 of the Juvenile Court Act of
101987 does not constitute a judicial determination on the merits
11of an administrative appeal, filed by a former foster parent,
12involving a change of placement decision.
13    (p) (Blank).
14    (q) The Department may receive and use, in their entirety,
15for the benefit of children any gift, donation or bequest of
16money or other property which is received on behalf of such
17children, or any financial benefits to which such children are
18or may become entitled while under the jurisdiction or care of
19the Department.
20    The Department shall set up and administer no-cost,
21interest-bearing accounts in appropriate financial
22institutions for children for whom the Department is legally
23responsible and who have been determined eligible for Veterans'
24Benefits, Social Security benefits, assistance allotments from
25the armed forces, court ordered payments, parental voluntary
26payments, Supplemental Security Income, Railroad Retirement



SB1116- 22 -LRB101 08503 SLF 53580 b

1payments, Black Lung benefits, or other miscellaneous
2payments. Interest earned by each account shall be credited to
3the account, unless disbursed in accordance with this
5    In disbursing funds from children's accounts, the
6Department shall:
7        (1) Establish standards in accordance with State and
8    federal laws for disbursing money from children's
9    accounts. In all circumstances, the Department's
10    "Guardianship Administrator" or his or her designee must
11    approve disbursements from children's accounts. The
12    Department shall be responsible for keeping complete
13    records of all disbursements for each account for any
14    purpose.
15        (2) Calculate on a monthly basis the amounts paid from
16    State funds for the child's board and care, medical care
17    not covered under Medicaid, and social services; and
18    utilize funds from the child's account, as covered by
19    regulation, to reimburse those costs. Monthly,
20    disbursements from all children's accounts, up to 1/12 of
21    $13,000,000, shall be deposited by the Department into the
22    General Revenue Fund and the balance over 1/12 of
23    $13,000,000 into the DCFS Children's Services Fund.
24        (3) Maintain any balance remaining after reimbursing
25    for the child's costs of care, as specified in item (2).
26    The balance shall accumulate in accordance with relevant



SB1116- 23 -LRB101 08503 SLF 53580 b

1    State and federal laws and shall be disbursed to the child
2    or his or her guardian, or to the issuing agency.
3    (r) The Department shall promulgate regulations
4encouraging all adoption agencies to voluntarily forward to the
5Department or its agent names and addresses of all persons who
6have applied for and have been approved for adoption of a
7hard-to-place child or child with a disability and the names of
8such children who have not been placed for adoption. A list of
9such names and addresses shall be maintained by the Department
10or its agent, and coded lists which maintain the
11confidentiality of the person seeking to adopt the child and of
12the child shall be made available, without charge, to every
13adoption agency in the State to assist the agencies in placing
14such children for adoption. The Department may delegate to an
15agent its duty to maintain and make available such lists. The
16Department shall ensure that such agent maintains the
17confidentiality of the person seeking to adopt the child and of
18the child.
19    (s) The Department of Children and Family Services may
20establish and implement a program to reimburse Department and
21private child welfare agency foster parents licensed by the
22Department of Children and Family Services for damages
23sustained by the foster parents as a result of the malicious or
24negligent acts of foster children, as well as providing third
25party coverage for such foster parents with regard to actions
26of foster children to other individuals. Such coverage will be



SB1116- 24 -LRB101 08503 SLF 53580 b

1secondary to the foster parent liability insurance policy, if
2applicable. The program shall be funded through appropriations
3from the General Revenue Fund, specifically designated for such
5    (t) The Department shall perform home studies and
6investigations and shall exercise supervision over visitation
7as ordered by a court pursuant to the Illinois Marriage and
8Dissolution of Marriage Act or the Adoption Act only if:
9        (1) an order entered by an Illinois court specifically
10    directs the Department to perform such services; and
11        (2) the court has ordered one or both of the parties to
12    the proceeding to reimburse the Department for its
13    reasonable costs for providing such services in accordance
14    with Department rules, or has determined that neither party
15    is financially able to pay.
16    The Department shall provide written notification to the
17court of the specific arrangements for supervised visitation
18and projected monthly costs within 60 days of the court order.
19The Department shall send to the court information related to
20the costs incurred except in cases where the court has
21determined the parties are financially unable to pay. The court
22may order additional periodic reports as appropriate.
23    (u) In addition to other information that must be provided,
24whenever the Department places a child with a prospective
25adoptive parent or parents or in a licensed foster home, group
26home, child care institution, or in a relative home, the



SB1116- 25 -LRB101 08503 SLF 53580 b

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



SB1116- 26 -LRB101 08503 SLF 53580 b

1placement, casework staff shall at least provide known
2information verbally, if necessary, and must subsequently
3provide the information in writing as required by this
5    The information described in this subsection shall be
6provided in writing. In the case of emergency placements when
7time does not allow prior review, preparation, and collection
8of written information, the Department shall provide such
9information as it becomes available. Within 10 business days
10after placement, the Department shall obtain from the
11prospective adoptive parent or parents or other caretaker a
12signed verification of receipt of the information provided.
13Within 10 business days after placement, the Department shall
14provide to the child's guardian ad litem a copy of the
15information provided to the prospective adoptive parent or
16parents or other caretaker. The information provided to the
17prospective adoptive parent or parents or other caretaker shall
18be reviewed and approved regarding accuracy at the supervisory
20    (u-5) Effective July 1, 1995, only foster care placements
21licensed as foster family homes pursuant to the Child Care Act
22of 1969 shall be eligible to receive foster care payments from
23the Department. Relative caregivers who, as of July 1, 1995,
24were approved pursuant to approved relative placement rules
25previously promulgated by the Department at 89 Ill. Adm. Code
26335 and had submitted an application for licensure as a foster



SB1116- 27 -LRB101 08503 SLF 53580 b

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



SB1116- 28 -LRB101 08503 SLF 53580 b

1    (v-1) Prior to final approval for placement of a child, the
2Department shall conduct a criminal records background check of
3the prospective foster or adoptive parent, including
4fingerprint-based checks of national crime information
5databases. Final approval for placement shall not be granted if
6the record check reveals a felony conviction for child abuse or
7neglect, for spousal abuse, for a crime against children, or
8for a crime involving violence, including rape, sexual assault,
9or homicide, but not including other physical assault or
10battery, or if there is a felony conviction for physical
11assault, battery, or a drug-related offense committed within
12the past 5 years.
13    (v-2) Prior to final approval for placement of a child, the
14Department shall check its child abuse and neglect registry for
15information concerning prospective foster and adoptive
16parents, and any adult living in the home. If any prospective
17foster or adoptive parent or other adult living in the home has
18resided in another state in the preceding 5 years, the
19Department shall request a check of that other state's child
20abuse and neglect registry.
21    (w) Within 120 days of August 20, 1995 (the effective date
22of Public Act 89-392), the Department shall prepare and submit
23to the Governor and the General Assembly, a written plan for
24the development of in-state licensed secure child care
25facilities that care for children who are in need of secure
26living arrangements for their health, safety, and well-being.



SB1116- 29 -LRB101 08503 SLF 53580 b

1For purposes of this subsection, secure care facility shall
2mean a facility that is designed and operated to ensure that
3all entrances and exits from the facility, a building or a
4distinct part of the building, are under the exclusive control
5of the staff of the facility, whether or not the child has the
6freedom of movement within the perimeter of the facility,
7building, or distinct part of the building. The plan shall
8include descriptions of the types of facilities that are needed
9in Illinois; the cost of developing these secure care
10facilities; the estimated number of placements; the potential
11cost savings resulting from the movement of children currently
12out-of-state who are projected to be returned to Illinois; the
13necessary geographic distribution of these facilities in
14Illinois; and a proposed timetable for development of such
16    (x) The Department shall conduct annual credit history
17checks to determine the financial history of children placed
18under its guardianship pursuant to the Juvenile Court Act of
191987. The Department shall conduct such credit checks starting
20when a youth in care turns 12 years old and each year
21thereafter for the duration of the guardianship as terminated
22pursuant to the Juvenile Court Act of 1987. The Department
23shall determine if financial exploitation of the child's
24personal information has occurred. If financial exploitation
25appears to have taken place or is presently ongoing, the
26Department shall notify the proper law enforcement agency, the



SB1116- 30 -LRB101 08503 SLF 53580 b

1proper State's Attorney, or the Attorney General.
2    (y) Beginning on July 22, 2010 (the effective date of
3Public Act 96-1189), a child with a disability who receives
4residential and educational services from the Department shall
5be eligible to receive transition services in accordance with
6Article 14 of the School Code from the age of 14.5 through age
721, inclusive, notwithstanding the child's residential
8services arrangement. For purposes of this subsection, "child
9with a disability" means a child with a disability as defined
10by the federal Individuals with Disabilities Education
11Improvement Act of 2004.
12    (z) The Department shall access criminal history record
13information as defined as "background information" in this
14subsection and criminal history record information as defined
15in the Illinois Uniform Conviction Information Act for each
16Department employee or Department applicant. Each Department
17employee or Department applicant shall submit his or her
18fingerprints to the Department of State Police in the form and
19manner prescribed by the Department of State Police. These
20fingerprints shall be checked against the fingerprint records
21now and hereafter filed in the Department of State Police and
22the Federal Bureau of Investigation criminal history records
23databases. The Department of State Police shall charge a fee
24for conducting the criminal history record check, which shall
25be deposited into the State Police Services Fund and shall not
26exceed the actual cost of the record check. The Department of



SB1116- 31 -LRB101 08503 SLF 53580 b

1State Police shall furnish, pursuant to positive
2identification, all Illinois conviction information to the
3Department of Children and Family Services.
4    For purposes of this subsection:
5    "Background information" means all of the following:
6        (i) Upon the request of the Department of Children and
7    Family Services, conviction information obtained from the
8    Department of State Police as a result of a
9    fingerprint-based criminal history records check of the
10    Illinois criminal history records database and the Federal
11    Bureau of Investigation criminal history records database
12    concerning a Department employee or Department applicant.
13        (ii) Information obtained by the Department of
14    Children and Family Services after performing a check of
15    the Department of State Police's Sex Offender Database, as
16    authorized by Section 120 of the Sex Offender Community
17    Notification Law, concerning a Department employee or
18    Department applicant.
19        (iii) Information obtained by the Department of
20    Children and Family Services after performing a check of
21    the Child Abuse and Neglect Tracking System (CANTS)
22    operated and maintained by the Department.
23    "Department employee" means a full-time or temporary
24employee coded or certified within the State of Illinois
25Personnel System.
26    "Department applicant" means an individual who has



SB1116- 32 -LRB101 08503 SLF 53580 b

1conditional Department full-time or part-time work, a
2contractor, an individual used to replace or supplement staff,
3an academic intern, a volunteer in Department offices or on
4Department contracts, a work-study student, an individual or
5entity licensed by the Department, or an unlicensed service
6provider who works as a condition of a contract or an agreement
7and whose work may bring the unlicensed service provider into
8contact with Department clients or client records.
9(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
10100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
111-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
13    Section 10. The Juvenile Court Act of 1987 is amended by
14changing Sections 2-3, 2-4, and 2-23 as follows:
15    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
16    Sec. 2-3. Neglected or abused minor.
17    (1) Those who are neglected include:
18        (a) any minor for whom the court has made a finding of
19    probable cause to believe that the minor is abused,
20    neglected, or dependent under subsection (1) of Section
21    2-10 prior to the minor's 18th birthday under 18 years of
22    age who is not receiving the proper or necessary support,
23    education as required by law, or medical or other remedial
24    care recognized under State law as necessary for a minor's



SB1116- 33 -LRB101 08503 SLF 53580 b

1    well-being, or other care necessary for his or her
2    well-being, including adequate food, clothing and shelter,
3    or who is abandoned by his or her parent or parents or
4    other person or persons responsible for the minor's
5    welfare, except that a minor shall not be considered
6    neglected for the sole reason that the minor's parent or
7    parents or other person or persons responsible for the
8    minor's welfare have left the minor in the care of an adult
9    relative for any period of time, who the parent or parents
10    or other person responsible for the minor's welfare know is
11    both a mentally capable adult relative and physically
12    capable adult relative, as defined by this Act; or
13        (b) any minor for whom the court has made a finding of
14    probable cause to believe that the minor is abused,
15    neglected, or dependent under subsection (1) of Section
16    2-10 prior to the minor's 18th birthday under 18 years of
17    age whose environment is injurious to his or her welfare;
18    or
19        (c) any newborn infant whose blood, urine, or meconium
20    contains any amount of a controlled substance as defined in
21    subsection (f) of Section 102 of the Illinois Controlled
22    Substances Act, as now or hereafter amended, or a
23    metabolite of a controlled substance, with the exception of
24    controlled substances or metabolites of such substances,
25    the presence of which in the newborn infant is the result
26    of medical treatment administered to the mother or the



SB1116- 34 -LRB101 08503 SLF 53580 b

1    newborn infant; or
2        (d) any minor under the age of 14 years whose parent or
3    other person responsible for the minor's welfare leaves the
4    minor without supervision for an unreasonable period of
5    time without regard for the mental or physical health,
6    safety, or welfare of that minor; or
7        (e) any minor who has been provided with interim crisis
8    intervention services under Section 3-5 of this Act and
9    whose parent, guardian, or custodian refuses to permit the
10    minor to return home unless the minor is an immediate
11    physical danger to himself, herself, or others living in
12    the home.
13    Whether the minor was left without regard for the mental or
14physical health, safety, or welfare of that minor or the period
15of time was unreasonable shall be determined by considering the
16following factors, including but not limited to:
17        (1) the age of the minor;
18        (2) the number of minors left at the location;
19        (3) special needs of the minor, including whether the
20    minor is a person with a physical or mental disability, or
21    otherwise in need of ongoing prescribed medical treatment
22    such as periodic doses of insulin or other medications;
23        (4) the duration of time in which the minor was left
24    without supervision;
25        (5) the condition and location of the place where the
26    minor was left without supervision;



SB1116- 35 -LRB101 08503 SLF 53580 b

1        (6) the time of day or night when the minor was left
2    without supervision;
3        (7) the weather conditions, including whether the
4    minor was left in a location with adequate protection from
5    the natural elements such as adequate heat or light;
6        (8) the location of the parent or guardian at the time
7    the minor was left without supervision, the physical
8    distance the minor was from the parent or guardian at the
9    time the minor was without supervision;
10        (9) whether the minor's movement was restricted, or the
11    minor was otherwise locked within a room or other
12    structure;
13        (10) whether the minor was given a phone number of a
14    person or location to call in the event of an emergency and
15    whether the minor was capable of making an emergency call;
16        (11) whether there was food and other provision left
17    for the minor;
18        (12) whether any of the conduct is attributable to
19    economic hardship or illness and the parent, guardian or
20    other person having physical custody or control of the
21    child made a good faith effort to provide for the health
22    and safety of the minor;
23        (13) the age and physical and mental capabilities of
24    the person or persons who provided supervision for the
25    minor;
26        (14) whether the minor was left under the supervision



SB1116- 36 -LRB101 08503 SLF 53580 b

1    of another person;
2        (15) any other factor that would endanger the health
3    and safety of that particular minor.
4    A minor shall not be considered neglected for the sole
5reason that the minor has been relinquished in accordance with
6the Abandoned Newborn Infant Protection Act.
7    (2) Those who are abused include any minor for whom the
8court has made a finding of probable cause to believe that the
9minor is abused, neglected, or dependent under subsection (1)
10of Section 2-10 prior to the minor's 18th birthday under 18
11years of age whose parent or immediate family member, or any
12person responsible for the minor's welfare, or any person who
13is in the same family or household as the minor, or any
14individual residing in the same home as the minor, or a
15paramour of the minor's parent:
16        (i) inflicts, causes to be inflicted, or allows to be
17    inflicted upon such minor physical injury, by other than
18    accidental means, which causes death, disfigurement,
19    impairment of physical or emotional health, or loss or
20    impairment of any bodily function;
21        (ii) creates a substantial risk of physical injury to
22    such minor by other than accidental means which would be
23    likely to cause death, disfigurement, impairment of
24    emotional health, or loss or impairment of any bodily
25    function;
26        (iii) commits or allows to be committed any sex offense



SB1116- 37 -LRB101 08503 SLF 53580 b

1    against such minor, as such sex offenses are defined in the
2    Criminal Code of 1961 or the Criminal Code of 2012, or in
3    the Wrongs to Children Act, and extending those definitions
4    of sex offenses to include minors under 18 years of age;
5        (iv) commits or allows to be committed an act or acts
6    of torture upon such minor;
7        (v) inflicts excessive corporal punishment;
8        (vi) commits or allows to be committed the offense of
9    involuntary servitude, involuntary sexual servitude of a
10    minor, or trafficking in persons as defined in Section 10-9
11    of the Criminal Code of 1961 or the Criminal Code of 2012,
12    upon such minor; or
13        (vii) allows, encourages or requires a minor to commit
14    any act of prostitution, as defined in the Criminal Code of
15    1961 or the Criminal Code of 2012, and extending those
16    definitions to include minors under 18 years of age.
17    A minor shall not be considered abused for the sole reason
18that the minor has been relinquished in accordance with the
19Abandoned Newborn Infant Protection Act.
20    (3) This Section does not apply to a minor who would be
21included herein solely for the purpose of qualifying for
22financial assistance for himself, his parents, guardian or
24(Source: P.A. 99-143, eff. 7-27-15.)
25    (705 ILCS 405/2-4)  (from Ch. 37, par. 802-4)



SB1116- 38 -LRB101 08503 SLF 53580 b

1    Sec. 2-4. Dependent minor.
2    (1) Those who are dependent include any minor for whom the
3court has made a finding of probable cause to believe that the
4minor is abused, neglected, or dependent under subsection (1)
5of Section 2-10 prior to the minor's 18th birthday under 18
6years of age:
7        (a) who is without a parent, guardian or legal
8    custodian;
9        (b) who is without proper care because of the physical
10    or mental disability of his parent, guardian or custodian;
11        (c) who is without proper medical or other remedial
12    care recognized under State law or other care necessary for
13    his or her well being through no fault, neglect or lack of
14    concern by his parents, guardian or custodian, provided
15    that no order may be made terminating parental rights, nor
16    may a minor be removed from the custody of his or her
17    parents for longer than 6 months, pursuant to an
18    adjudication as a dependent minor under this subdivision
19    (c), unless it is found to be in his or her best interest
20    by the court or the case automatically closes as provided
21    under Section 2-31 of this Act; or
22        (d) who has a parent, guardian or legal custodian who
23    with good cause wishes to be relieved of all residual
24    parental rights and responsibilities, guardianship or
25    custody, and who desires the appointment of a guardian of
26    the person with power to consent to the adoption of the



SB1116- 39 -LRB101 08503 SLF 53580 b

1    minor under Section 2-29.
2    (2) This Section does not apply to a minor who would be
3included herein solely for the purpose of qualifying for
4financial assistance for himself, his parent or parents,
5guardian or custodian or to a minor solely because his or her
6parent or parents or guardian has left the minor for any period
7of time in the care of an adult relative, who the parent or
8parents or guardian know is both a mentally capable adult
9relative and physically capable adult relative, as defined by
10this Act.
11(Source: P.A. 96-168, eff. 8-10-09.)
12    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
13    Sec. 2-23. Kinds of dispositional orders.
14    (1) The following kinds of orders of disposition may be
15made in respect of wards of the court:
16        (a) A minor under 18 years of age found to be neglected
17    or abused under Section 2-3 or dependent under Section 2-4
18    may be (1) continued in the custody of his or her parents,
19    guardian or legal custodian; (2) placed in accordance with
20    Section 2-27; (3) restored to the custody of the parent,
21    parents, guardian, or legal custodian, provided the court
22    shall order the parent, parents, guardian, or legal
23    custodian to cooperate with the Department of Children and
24    Family Services and comply with the terms of an after-care
25    plan or risk the loss of custody of the child and the



SB1116- 40 -LRB101 08503 SLF 53580 b

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



SB1116- 41 -LRB101 08503 SLF 53580 b

1    dependency, until such time as a hearing is held on the
2    issue of the fitness of such parent, guardian or legal
3    custodian to care for the minor without endangering the
4    minor's health or safety, and the court enters an order
5    that such parent, guardian or legal custodian is fit to
6    care for the minor.
7        (b-1) A minor between the ages of 18 and 21 may be
8    placed pursuant to Section 2-27 of this Act if (1) the
9    court has granted a supplemental petition to reinstate
10    wardship of the minor pursuant to subsection (2) of Section
11    2-33, (2) the court has adjudicated the minor a ward of the
12    court, permitted the minor to return home under an order of
13    protection, and subsequently made a finding that it is in
14    the minor's best interest to vacate the order of protection
15    and commit the minor to the Department of Children and
16    Family Services for care and service, or (3) the court
17    returned the minor to the custody of the respondent under
18    Section 2-4b of this Act without terminating the
19    proceedings under Section 2-31 of this Act, and
20    subsequently made a finding that it is in the minor's best
21    interest to commit the minor to the Department of Children
22    and Family Services for care and services.
23        (c) When the court awards guardianship to the
24    Department of Children and Family Services, the court shall
25    order the parents to cooperate with the Department of
26    Children and Family Services, comply with the terms of the



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1    service plans, and correct the conditions that require the
2    child to be in care, or risk termination of their parental
3    rights.
4    (2) Any order of disposition may provide for protective
5supervision under Section 2-24 and may include an order of
6protection under Section 2-25.
7    Unless the order of disposition expressly so provides, it
8does not operate to close proceedings on the pending petition,
9but is subject to modification, not inconsistent with Section
102-28, until final closing and discharge of the proceedings
11under Section 2-31.
12    (3) The court also shall enter any other orders necessary
13to fulfill the service plan, including, but not limited to, (i)
14orders requiring parties to cooperate with services, (ii)
15restraining orders controlling the conduct of any party likely
16to frustrate the achievement of the goal, and (iii) visiting
17orders. When the child is placed separately from a sibling, the
18court shall review the Sibling Contact Support Plan developed
19under subsection (f) of Section 7.4 of the Children and Family
20Services Act, if applicable. If the Department has not convened
21a meeting to develop a Sibling Contact Support Plan, or if the
22court finds that the existing Plan is not in the child's best
23interest, the court may enter an order requiring the Department
24to develop and implement a Sibling Contact Support Plan under
25subsection (f) of Section 7.4 of the Children and Family
26Services Act or order mediation. Unless otherwise specifically



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1authorized by law, the court is not empowered under this
2subsection (3) to order specific placements, specific
3services, or specific service providers to be included in the
4plan. If, after receiving evidence, the court determines that
5the services contained in the plan are not reasonably
6calculated to facilitate achievement of the permanency goal,
7the court shall put in writing the factual basis supporting the
8determination and enter specific findings based on the
9evidence. The court also shall enter an order for the
10Department to develop and implement a new service plan or to
11implement changes to the current service plan consistent with
12the court's findings. The new service plan shall be filed with
13the court and served on all parties within 45 days after the
14date of the order. The court shall continue the matter until
15the new service plan is filed. Except as authorized by
16subsection (3.5) of this Section or authorized by law, the
17court is not empowered under this Section to order specific
18placements, specific services, or specific service providers
19to be included in the service plan.
20    (3.5) If, after reviewing the evidence, including evidence
21from the Department, the court determines that the minor's
22current or planned placement is not necessary or appropriate to
23facilitate achievement of the permanency goal, the court shall
24put in writing the factual basis supporting its determination
25and enter specific findings based on the evidence. If the court
26finds that the minor's current or planned placement is not



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1necessary or appropriate, the court may enter an order
2directing the Department to implement a recommendation by the
3minor's treating clinician or a clinician contracted by the
4Department to evaluate the minor or a recommendation made by
5the Department. If the Department places a minor in a placement
6under an order entered under this subsection (3.5), the
7Department has the authority to remove the minor from that
8placement when a change in circumstances necessitates the
9removal to protect the minor's health, safety, and best
10interest. If the Department determines removal is necessary,
11the Department shall notify the parties of the planned
12placement change in writing no later than 10 days prior to the
13implementation of its determination unless remaining in the
14placement poses an imminent risk of harm to the minor, in which
15case the Department shall notify the parties of the placement
16change in writing immediately following the implementation of
17its decision. The Department shall notify others of the
18decision to change the minor's placement as required by
19Department rule.
20    (4) In addition to any other order of disposition, the
21court may order any minor adjudicated neglected with respect to
22his or her own injurious behavior to make restitution, in
23monetary or non-monetary form, under the terms and conditions
24of Section 5-5-6 of the Unified Code of Corrections, except
25that the "presentence hearing" referred to therein shall be the
26dispositional hearing for purposes of this Section. The parent,



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1guardian or legal custodian of the minor may pay some or all of
2such restitution on the minor's behalf.
3    (5) Any order for disposition where the minor is committed
4or placed in accordance with Section 2-27 shall provide for the
5parents or guardian of the estate of such minor to pay to the
6legal custodian or guardian of the person of the minor such
7sums as are determined by the custodian or guardian of the
8person of the minor as necessary for the minor's needs. Such
9payments may not exceed the maximum amounts provided for by
10Section 9.1 of the Children and Family Services Act.
11    (6) Whenever the order of disposition requires the minor to
12attend school or participate in a program of training, the
13truant officer or designated school official shall regularly
14report to the court if the minor is a chronic or habitual
15truant under Section 26-2a of the School Code.
16    (7) The court may terminate the parental rights of a parent
17at the initial dispositional hearing if all of the conditions
18in subsection (5) of Section 2-21 are met.
19(Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.