Full Text of SB2296 101st General Assembly
SB2296sam001 101ST GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 2/24/2020
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| 1 | | AMENDMENT TO SENATE BILL 2296
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2296 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 5 as follows:
| 6 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| 7 | | Sec. 5. Direct child welfare services; Department of | 8 | | Children and Family
Services. To provide direct child welfare | 9 | | services when not available
through other public or private | 10 | | child 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 |
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| 1 | | 1987 , as amended, and who continue under the | 2 | | jurisdiction of the court; or
| 3 | | (B) were accepted for care, service and training by
| 4 | | the Department prior to the age of 18 and whose best | 5 | | interest in the
discretion of the Department would be | 6 | | served by continuing that care,
service and training | 7 | | because of severe emotional disturbances, physical
| 8 | | disability, social adjustment or any combination | 9 | | thereof, or because of the
need to complete an | 10 | | educational or vocational training program.
| 11 | | (2) "Homeless youth" means persons found within the
| 12 | | State who are under the age of 19, are not in a safe and | 13 | | stable living
situation and cannot be reunited with their | 14 | | families.
| 15 | | (3) "Child welfare services" means public social | 16 | | services which are
directed toward the accomplishment of | 17 | | the following purposes:
| 18 | | (A) protecting and promoting the health, safety | 19 | | and welfare of
children,
including homeless, | 20 | | dependent , or neglected children;
| 21 | | (B) remedying, or assisting in the solution
of | 22 | | problems which may result in, the neglect, abuse, | 23 | | exploitation , or
delinquency of children;
| 24 | | (C) preventing the unnecessary separation of | 25 | | children
from their families by identifying family | 26 | | problems, assisting families in
resolving their |
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| 1 | | problems, and preventing the breakup of the family
| 2 | | where the prevention of child removal is desirable and | 3 | | possible when the
child can be cared for at home | 4 | | without endangering the child's health and
safety;
| 5 | | (D) restoring to their families children who have | 6 | | been
removed, by the provision of services to the child | 7 | | and the families when the
child can be cared for at | 8 | | home without endangering the child's health and
| 9 | | safety;
| 10 | | (E) placing children in suitable adoptive homes, | 11 | | in
cases where restoration to the biological family is | 12 | | not safe, possible , or
appropriate;
| 13 | | (F) assuring safe and adequate care of children | 14 | | away from their
homes, in cases where the child cannot | 15 | | be returned home or cannot be placed
for adoption. At | 16 | | the time of placement, the Department shall consider
| 17 | | concurrent planning,
as described in subsection (l-1) | 18 | | of this Section so that permanency may
occur at the | 19 | | earliest opportunity. Consideration should be given so | 20 | | that if
reunification fails or is delayed, the | 21 | | placement made is the best available
placement to | 22 | | provide permanency for the child;
| 23 | | (G) (blank);
| 24 | | (H) (blank); and
| 25 | | (I) placing and maintaining children in facilities | 26 | | that provide
separate living quarters for children |
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| 1 | | under the age of 18 and for children
18 years of age | 2 | | and older, unless a child 18 years of age is in the | 3 | | last
year of high school education or vocational | 4 | | training, in an approved
individual or group treatment | 5 | | program, in a licensed shelter facility,
or secure | 6 | | child care facility.
The Department is not required to | 7 | | place or maintain children:
| 8 | | (i) who are in a foster home, or
| 9 | | (ii) who are persons with a developmental | 10 | | disability, as defined in
the Mental
Health and | 11 | | Developmental Disabilities Code, or
| 12 | | (iii) who are female children who are | 13 | | pregnant, pregnant and
parenting , or parenting, or
| 14 | | (iv) who are siblings, in facilities that | 15 | | provide separate living quarters for children 18
| 16 | | years of age and older and for children under 18 | 17 | | years of age.
| 18 | | (b) (Blank).
| 19 | | (c) The Department shall establish and maintain | 20 | | tax-supported child
welfare services and extend and seek to | 21 | | improve voluntary services
throughout the State, to the end | 22 | | that services and care shall be available
on an equal basis | 23 | | throughout the State to children requiring such services.
| 24 | | (d) The Director may authorize advance disbursements for | 25 | | any new program
initiative to any agency contracting with the | 26 | | Department. As a
prerequisite for an advance disbursement, the |
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| 1 | | contractor must post a
surety bond in the amount of the advance | 2 | | disbursement and have a
purchase of service contract approved | 3 | | by the Department. The Department
may pay up to 2 months | 4 | | operational expenses in advance. The amount of the
advance | 5 | | disbursement shall be prorated over the life of the contract
or | 6 | | the remaining months of the fiscal year, whichever is less, and | 7 | | the
installment amount shall then be deducted from future | 8 | | bills. Advance
disbursement authorizations for new initiatives | 9 | | shall not be made to any
agency after that agency has operated | 10 | | during 2 consecutive fiscal years.
The requirements of this | 11 | | Section concerning advance disbursements shall
not apply with | 12 | | respect to the following: payments to local public agencies
for | 13 | | child day care services as authorized by Section 5a of this | 14 | | Act; and
youth service programs receiving grant funds under | 15 | | Section 17a-4.
| 16 | | (e) (Blank).
| 17 | | (f) (Blank).
| 18 | | (g) The Department shall establish rules and regulations | 19 | | concerning
its operation of programs designed to meet the goals | 20 | | of child safety and
protection,
family preservation, family | 21 | | reunification, and adoption, including , but not
limited to:
| 22 | | (1) adoption;
| 23 | | (2) foster care;
| 24 | | (3) family counseling;
| 25 | | (4) protective services;
| 26 | | (5) (blank);
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| 1 | | (6) homemaker service;
| 2 | | (7) return of runaway children;
| 3 | | (8) (blank);
| 4 | | (9) placement under Section 5-7 of the Juvenile Court | 5 | | Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | 6 | | Court Act of 1987 in
accordance with the federal Adoption | 7 | | Assistance and Child Welfare Act of
1980; and
| 8 | | (10) interstate services.
| 9 | | Rules and regulations established by the Department shall | 10 | | include
provisions for training Department staff and the staff | 11 | | of Department
grantees, through contracts with other agencies | 12 | | or resources, in screening techniques to identify substance use | 13 | | disorders, as defined in the Substance Use Disorder Act, | 14 | | approved by the Department of Human
Services, as a successor to | 15 | | the Department of Alcoholism and Substance Abuse,
for the | 16 | | purpose of identifying children and adults who
should be | 17 | | referred for an assessment at an organization appropriately | 18 | | licensed by the Department of Human Services for substance use | 19 | | disorder treatment.
| 20 | | (h) If the Department finds that there is no appropriate | 21 | | program or
facility within or available to the Department for a | 22 | | youth in care and that no
licensed private facility has an | 23 | | adequate and appropriate program or none
agrees to accept the | 24 | | youth in care, the Department shall create an appropriate
| 25 | | individualized, program-oriented plan for such youth in care. | 26 | | The
plan may be developed within the Department or through |
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| 1 | | purchase of services
by the Department to the extent that it is | 2 | | within its statutory authority
to do.
| 3 | | (i) Service programs shall be available throughout the | 4 | | State and shall
include but not be limited to the following | 5 | | services:
| 6 | | (1) case management;
| 7 | | (2) homemakers;
| 8 | | (3) counseling;
| 9 | | (4) parent education;
| 10 | | (5) day care; and
| 11 | | (6) emergency assistance and advocacy.
| 12 | | In addition, the following services may be made available | 13 | | to assess and
meet the needs of children and families:
| 14 | | (1) comprehensive family-based services;
| 15 | | (2) assessments;
| 16 | | (3) respite care; and
| 17 | | (4) in-home health services.
| 18 | | The Department shall provide transportation for any of the | 19 | | services it
makes available to children or families or for | 20 | | which it refers children
or families.
| 21 | | (j) The Department may provide categories of financial | 22 | | assistance and
education assistance grants, and shall
| 23 | | establish rules and regulations concerning the assistance and | 24 | | grants, to
persons who
adopt children with physical or mental | 25 | | disabilities, children who are older, or other hard-to-place
| 26 | | children who (i) immediately prior to their adoption were youth |
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| 1 | | in care or (ii) were determined eligible for financial | 2 | | assistance with respect to a
prior adoption and who become | 3 | | available for adoption because the
prior adoption has been | 4 | | dissolved and the parental rights of the adoptive
parents have | 5 | | been
terminated or because the child's adoptive parents have | 6 | | died.
The Department may continue to provide financial | 7 | | assistance and education assistance grants for a child who was | 8 | | determined eligible for financial assistance under this | 9 | | subsection (j) in the interim period beginning when the child's | 10 | | adoptive parents died and ending with the finalization of the | 11 | | new adoption of the child by another adoptive parent or | 12 | | parents. The Department may also provide categories of | 13 | | financial
assistance and education assistance grants, and
| 14 | | shall establish rules and regulations for the assistance and | 15 | | grants, to persons
appointed guardian of the person under | 16 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | 17 | | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children | 18 | | who were youth in care for 12 months immediately
prior to the | 19 | | appointment of the guardian.
| 20 | | The amount of assistance may vary, depending upon the needs | 21 | | of the child
and the adoptive parents,
as set forth in the | 22 | | annual
assistance agreement. Special purpose grants are | 23 | | allowed where the child
requires special service but such costs | 24 | | may not exceed the amounts
which similar services would cost | 25 | | the Department if it were to provide or
secure them as guardian | 26 | | of the child.
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| 1 | | Any financial assistance provided under this subsection is
| 2 | | inalienable by assignment, sale, execution, attachment, | 3 | | garnishment, or any
other remedy for recovery or collection of | 4 | | a judgment or debt.
| 5 | | (j-5) The Department shall not deny or delay the placement | 6 | | of a child for
adoption
if an approved family is available | 7 | | either outside of the Department region
handling the case,
or | 8 | | outside of the State of Illinois.
| 9 | | (k) The Department shall accept for care and training any | 10 | | child who has
been adjudicated neglected or abused, or | 11 | | dependent committed to it pursuant
to the Juvenile Court Act or | 12 | | the Juvenile Court Act of 1987.
| 13 | | (l) The Department shall
offer family preservation | 14 | | services, as defined in Section 8.2 of the Abused
and
Neglected | 15 | | Child
Reporting Act, to help families, including adoptive and | 16 | | extended families.
Family preservation
services shall be | 17 | | offered (i) to prevent the
placement
of children in
substitute | 18 | | care when the children can be cared for at home or in the | 19 | | custody of
the person
responsible for the children's welfare,
| 20 | | (ii) to
reunite children with their families, or (iii) to
| 21 | | maintain an adoptive placement. Family preservation services | 22 | | shall only be
offered when doing so will not endanger the | 23 | | children's health or safety. With
respect to children who are | 24 | | in substitute care pursuant to the Juvenile Court
Act of 1987, | 25 | | family preservation services shall not be offered if a goal | 26 | | other
than those of subdivisions (A), (B), or (B-1) of |
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| 1 | | subsection (2) of Section 2-28
of
that Act has been set, except | 2 | | that reunification services may be offered as provided in | 3 | | paragraph (F) of subsection (2) of Section 2-28 of that Act.
| 4 | | Nothing in this paragraph shall be construed to create a | 5 | | private right of
action or claim on the part of any individual | 6 | | or child welfare agency, except that when a child is the | 7 | | subject of an action under Article II of the Juvenile Court Act | 8 | | of 1987 and the child's service plan calls for services to | 9 | | facilitate achievement of the permanency goal, the court | 10 | | hearing the action under Article II of the Juvenile Court Act | 11 | | of 1987 may order the Department to provide the services set | 12 | | out in the plan, if those services are not provided with | 13 | | reasonable promptness and if those services are available.
| 14 | | The Department shall notify the child and his family of the
| 15 | | Department's
responsibility to offer and provide family | 16 | | preservation services as
identified in the service plan. The | 17 | | child and his family shall be eligible
for services as soon as | 18 | | the report is determined to be "indicated". The
Department may | 19 | | offer services to any child or family with respect to whom a
| 20 | | report of suspected child abuse or neglect has been filed, | 21 | | prior to
concluding its investigation under Section 7.12 of the | 22 | | Abused and Neglected
Child Reporting Act. However, the child's | 23 | | or family's willingness to
accept services shall not be | 24 | | considered in the investigation. The
Department may also | 25 | | provide services to any child or family who is the
subject of | 26 | | any report of suspected child abuse or neglect or may refer |
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| 1 | | such
child or family to services available from other agencies | 2 | | in the community,
even if the report is determined to be | 3 | | unfounded, if the conditions in the
child's or family's home | 4 | | are reasonably likely to subject the child or
family to future | 5 | | reports of suspected child abuse or neglect. Acceptance
of such | 6 | | services shall be voluntary. However, if a family chooses to | 7 | | receive family preservation services and there are children | 8 | | under the age of 6 living in the household, those children | 9 | | shall be enrolled in appropriate early childhood education | 10 | | services. The Department may also provide services to any child | 11 | | or family after completion of a family assessment, as an | 12 | | alternative to an investigation, as provided under the | 13 | | "differential response program" provided for in subsection | 14 | | (a-5) of Section 7.4 of the Abused and Neglected Child | 15 | | Reporting Act.
| 16 | | The Department may, at its discretion except for those | 17 | | children also
adjudicated neglected or dependent, accept for | 18 | | care and training any child
who has been adjudicated addicted, | 19 | | as a truant minor in need of
supervision or as a minor | 20 | | requiring authoritative intervention, under the
Juvenile Court | 21 | | Act or the Juvenile Court Act of 1987, but no such child
shall | 22 | | be committed to the Department by any court without the | 23 | | approval of
the Department. On and after January 1, 2015 (the | 24 | | effective date of Public Act 98-803) and before January 1, | 25 | | 2017, a minor charged with a criminal offense under the | 26 | | Criminal
Code of 1961 or the Criminal Code of 2012 or |
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| 1 | | adjudicated delinquent shall not be placed in the custody of or
| 2 | | committed to the Department by any court, except (i) a minor | 3 | | less than 16 years
of age committed to the Department under | 4 | | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | 5 | | for whom an independent basis of abuse, neglect, or dependency | 6 | | exists, which must be defined by departmental rule, or (iii) a | 7 | | minor for whom the court has granted a supplemental petition to | 8 | | reinstate wardship pursuant to subsection (2) of Section 2-33 | 9 | | of the Juvenile Court Act of 1987. On and after January 1, | 10 | | 2017, a minor charged with a criminal offense under the | 11 | | Criminal
Code of 1961 or the Criminal Code of 2012 or | 12 | | adjudicated delinquent shall not be placed in the custody of or
| 13 | | committed to the Department by any court, except (i) a minor | 14 | | less than 15 years
of age committed to the Department under | 15 | | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | 16 | | for whom an independent basis of abuse, neglect, or dependency | 17 | | exists, which must be defined by departmental rule, or (iii) a | 18 | | minor for whom the court has granted a supplemental petition to | 19 | | reinstate wardship pursuant to subsection (2) of Section 2-33 | 20 | | of the Juvenile Court Act of 1987. An independent basis exists | 21 | | when the allegations or adjudication of abuse, neglect, or | 22 | | dependency do not arise from the same facts, incident, or | 23 | | circumstances which give rise to a charge or adjudication of | 24 | | delinquency. The Department shall
assign a caseworker to attend | 25 | | any hearing involving a youth in
the care and custody of the | 26 | | Department who is placed on aftercare release, including |
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| 1 | | hearings
involving sanctions for violation of aftercare | 2 | | release
conditions and aftercare release revocation hearings.
| 3 | | As soon as is possible after August 7, 2009 (the effective | 4 | | date of Public Act 96-134), the Department shall develop and | 5 | | implement a special program of family preservation services to | 6 | | support intact, foster, and adoptive families who are | 7 | | experiencing extreme hardships due to the difficulty and stress | 8 | | of caring for a child who has been diagnosed with a pervasive | 9 | | developmental disorder if the Department determines that those | 10 | | services are necessary to ensure the health and safety of the | 11 | | child. The Department may offer services to any family whether | 12 | | or not a report has been filed under the Abused and Neglected | 13 | | Child Reporting Act. The Department may refer the child or | 14 | | family to services available from other agencies in the | 15 | | community if the conditions in the child's or family's home are | 16 | | reasonably likely to subject the child or family to future | 17 | | reports of suspected child abuse or neglect. Acceptance of | 18 | | these services shall be voluntary. However, if a family chooses | 19 | | to receive family preservation services and there are children | 20 | | under the age of 6 living in the household, those children | 21 | | shall be enrolled in appropriate early childhood education | 22 | | services. The Department shall develop and implement a public | 23 | | information campaign to alert health and social service | 24 | | providers and the general public about these special family | 25 | | preservation services. The nature and scope of the services | 26 | | offered and the number of families served under the special |
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| 1 | | program implemented under this paragraph shall be determined by | 2 | | the level of funding that the Department annually allocates for | 3 | | this purpose. The term "pervasive developmental disorder" | 4 | | under this paragraph means a neurological condition, | 5 | | including , but not limited to, Asperger's Syndrome and autism, | 6 | | as defined in the most recent edition of the Diagnostic and | 7 | | Statistical Manual of Mental Disorders of the American | 8 | | Psychiatric Association. | 9 | | (l-1) The legislature recognizes that the best interests of | 10 | | the child
require that
the child be placed in the most | 11 | | permanent living arrangement as soon as is
practically
| 12 | | possible. To achieve this goal, the legislature directs the | 13 | | Department of
Children and
Family Services to conduct | 14 | | concurrent planning so that permanency may occur at
the
| 15 | | earliest opportunity. Permanent living arrangements may | 16 | | include prevention of
placement of a child outside the home of | 17 | | the family when the child can be cared
for at
home without | 18 | | endangering the child's health or safety; reunification with | 19 | | the
family,
when safe and appropriate, if temporary placement | 20 | | is necessary; or movement of
the child
toward the most | 21 | | permanent living arrangement and permanent legal status.
| 22 | | When determining reasonable efforts to be made with respect | 23 | | to a child, as
described in this
subsection, and in making such | 24 | | reasonable efforts, the child's health and
safety shall be the
| 25 | | paramount concern.
| 26 | | When a child is placed in foster care, the Department shall |
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| 1 | | ensure and
document that reasonable efforts were made to | 2 | | prevent or eliminate the need to
remove the child from the | 3 | | child's home. The Department must make
reasonable efforts to | 4 | | reunify the family when temporary placement of the child
occurs
| 5 | | unless otherwise required, pursuant to the Juvenile Court Act | 6 | | of 1987.
At any time after the dispositional hearing where the | 7 | | Department believes
that further reunification services would | 8 | | be ineffective, it may request a
finding from the court that | 9 | | reasonable efforts are no longer appropriate. The
Department is | 10 | | not required to provide further reunification services after | 11 | | such
a
finding.
| 12 | | A decision to place a child in substitute care shall be | 13 | | made with
considerations of the child's health, safety, and | 14 | | best interests. At the
time of placement, consideration should | 15 | | also be given so that if reunification
fails or is delayed, the | 16 | | placement made is the best available placement to
provide | 17 | | permanency for the child.
| 18 | | The Department shall adopt rules addressing concurrent | 19 | | planning for
reunification and permanency. The Department | 20 | | shall consider the following
factors when determining | 21 | | appropriateness of concurrent planning:
| 22 | | (1) the likelihood of prompt reunification;
| 23 | | (2) the past history of the family;
| 24 | | (3) the barriers to reunification being addressed by | 25 | | the family;
| 26 | | (4) the level of cooperation of the family;
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| 1 | | (5) the foster parents' willingness to work with the | 2 | | family to reunite;
| 3 | | (6) the willingness and ability of the foster family to | 4 | | provide an
adoptive
home or long-term placement;
| 5 | | (7) the age of the child;
| 6 | | (8) placement of siblings.
| 7 | | (m) The Department may assume temporary custody of any | 8 | | child if:
| 9 | | (1) it has received a written consent to such temporary | 10 | | custody
signed by the parents of the child or by the parent | 11 | | having custody of the
child if the parents are not living | 12 | | together or by the guardian or
custodian of the child if | 13 | | the child is not in the custody of either
parent, or
| 14 | | (2) the child is found in the State and neither a | 15 | | parent,
guardian nor custodian of the child can be located.
| 16 | | If the child is found in his or her residence without a parent, | 17 | | guardian,
custodian , or responsible caretaker, the Department | 18 | | may, instead of removing
the child and assuming temporary | 19 | | custody, place an authorized
representative of the Department | 20 | | in that residence until such time as a
parent, guardian , or | 21 | | custodian enters the home and expresses a willingness
and | 22 | | apparent ability to ensure the child's health and safety and | 23 | | resume
permanent
charge of the child, or until a
relative | 24 | | enters the home and is willing and able to ensure the child's | 25 | | health
and
safety and assume charge of the
child until a | 26 | | parent, guardian , or custodian enters the home and expresses
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| 1 | | such willingness and ability to ensure the child's safety and | 2 | | resume
permanent charge. After a caretaker has remained in the | 3 | | home for a period not
to exceed 12 hours, the Department must | 4 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | 5 | | 5-415 of the Juvenile Court Act
of 1987.
| 6 | | The Department shall have the authority, responsibilities | 7 | | and duties that
a legal custodian of the child would have | 8 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | 9 | | Act of 1987. Whenever a child is taken
into temporary custody | 10 | | pursuant to an investigation under the Abused and
Neglected | 11 | | Child Reporting Act, or pursuant to a referral and acceptance
| 12 | | under the Juvenile Court Act of 1987 of a minor in limited | 13 | | custody, the
Department, during the period of temporary custody | 14 | | and before the child
is brought before a judicial officer as | 15 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | 16 | | Court Act of 1987, shall have
the authority, responsibilities | 17 | | and duties that a legal custodian of the child
would have under | 18 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
| 19 | | 1987.
| 20 | | The Department shall ensure that any child taken into | 21 | | custody
is scheduled for an appointment for a medical | 22 | | examination.
| 23 | | A parent, guardian , or custodian of a child in the | 24 | | temporary custody of the
Department who would have custody of | 25 | | the child if he were not in the
temporary custody of the | 26 | | Department may deliver to the Department a signed
request that |
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| 1 | | the Department surrender the temporary custody of the child.
| 2 | | The Department may retain temporary custody of the child for 10 | 3 | | days after
the receipt of the request, during which period the | 4 | | Department may cause to
be filed a petition pursuant to the | 5 | | Juvenile Court Act of 1987. If a
petition is so filed, the | 6 | | Department shall retain temporary custody of the
child until | 7 | | the court orders otherwise. If a petition is not filed within
| 8 | | the 10-day period, the child shall be surrendered to the | 9 | | custody of the
requesting parent, guardian , or custodian not | 10 | | later than the expiration of
the 10-day period, at which time | 11 | | the authority and duties of the Department
with respect to the | 12 | | temporary custody of the child shall terminate.
| 13 | | (m-1) The Department may place children under 18 years of | 14 | | age in a secure
child care facility licensed by the Department | 15 | | that cares for children who are
in need of secure living | 16 | | arrangements for their health, safety, and well-being
after a | 17 | | determination is made by the facility director and the Director | 18 | | or the
Director's designate prior to admission to the facility | 19 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | 20 | | This subsection (m-1) does not apply
to a child who is subject | 21 | | to placement in a correctional facility operated
pursuant to | 22 | | Section 3-15-2 of the Unified Code of Corrections, unless the
| 23 | | child is a youth in care who was placed in the care of the | 24 | | Department before being
subject to placement in a correctional | 25 | | facility and a court of competent
jurisdiction has ordered | 26 | | placement of the child in a secure care facility.
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| 1 | | (n) The Department may place children under 18 years of age | 2 | | in
licensed child care facilities when in the opinion of the | 3 | | Department,
appropriate services aimed at family preservation | 4 | | have been unsuccessful and
cannot ensure the child's health and | 5 | | safety or are unavailable and such
placement would be for their | 6 | | best interest. Payment
for board, clothing, care, training and | 7 | | supervision of any child placed in
a licensed child care | 8 | | facility may be made by the Department, by the
parents or | 9 | | guardians of the estates of those children, or by both the
| 10 | | Department and the parents or guardians, except that no | 11 | | payments shall be
made by the Department for any child placed | 12 | | in a licensed child care
facility for board, clothing, care, | 13 | | training and supervision of such a
child that exceed the | 14 | | average per capita cost of maintaining and of caring
for a | 15 | | child in institutions for dependent or neglected children | 16 | | operated by
the Department. However, such restriction on | 17 | | payments does not apply in
cases where children require | 18 | | specialized care and treatment for problems of
severe emotional | 19 | | disturbance, physical disability, social adjustment, or
any | 20 | | combination thereof and suitable facilities for the placement | 21 | | of such
children are not available at payment rates within the | 22 | | limitations set
forth in this Section. All reimbursements for | 23 | | services delivered shall be
absolutely inalienable by | 24 | | assignment, sale, attachment, or garnishment or
otherwise.
| 25 | | (n-1) The Department shall provide or authorize child | 26 | | welfare services, aimed at assisting minors to achieve |
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| 1 | | sustainable self-sufficiency as independent adults, for any | 2 | | minor eligible for the reinstatement of wardship pursuant to | 3 | | subsection (2) of Section 2-33 of the Juvenile Court Act of | 4 | | 1987, whether or not such reinstatement is sought or allowed, | 5 | | provided that the minor consents to such services and has not | 6 | | yet attained the age of 21. The Department shall have | 7 | | responsibility for the development and delivery of services | 8 | | under this Section. An eligible youth may access services under | 9 | | this Section through the Department of Children and Family | 10 | | Services or by referral from the Department of Human Services. | 11 | | Youth participating in services under this Section shall | 12 | | cooperate with the assigned case manager in developing an | 13 | | agreement identifying the services to be provided and how the | 14 | | youth will increase skills to achieve self-sufficiency. A | 15 | | homeless shelter is not considered appropriate housing for any | 16 | | youth receiving child welfare services under this Section. The | 17 | | Department shall continue child welfare services under this | 18 | | Section to any eligible minor until the minor becomes 21 years | 19 | | of age, no longer consents to participate, or achieves | 20 | | self-sufficiency as identified in the minor's service plan. The | 21 | | Department of Children and Family Services shall create clear, | 22 | | readable notice of the rights of former foster youth to child | 23 | | welfare services under this Section and how such services may | 24 | | be obtained. The Department of Children and Family Services and | 25 | | the Department of Human Services shall disseminate this | 26 | | information statewide. The Department shall adopt regulations |
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| 1 | | describing services intended to assist minors in achieving | 2 | | sustainable self-sufficiency as independent adults. | 3 | | (o) The Department shall establish an administrative | 4 | | review and appeal
process for children and families who request | 5 | | or receive child welfare
services from the Department. Youth in | 6 | | care who are placed by private child welfare agencies, and | 7 | | foster families with whom
those youth are placed, shall be | 8 | | afforded the same procedural and appeal
rights as children and | 9 | | families in the case of placement by the Department,
including | 10 | | the right to an initial review of a private agency decision by
| 11 | | that agency. The Department shall ensure that any private child | 12 | | welfare
agency, which accepts youth in care for placement, | 13 | | affords those
rights to children and foster families. The | 14 | | Department shall accept for
administrative review and an appeal | 15 | | hearing a complaint made by (i) a child
or foster family | 16 | | concerning a decision following an initial review by a
private | 17 | | child welfare agency or (ii) a prospective adoptive parent who | 18 | | alleges
a violation of subsection (j-5) of this Section. An | 19 | | appeal of a decision
concerning a change in the placement of a | 20 | | child shall be conducted in an
expedited manner. A court | 21 | | determination that a current foster home placement is necessary | 22 | | and appropriate under Section 2-28 of the Juvenile Court Act of | 23 | | 1987 does not constitute a judicial determination on the merits | 24 | | of an administrative appeal, filed by a former foster parent, | 25 | | involving a change of placement decision.
| 26 | | (p) (Blank).
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| 1 | | (q) The Department may receive and use, in their entirety, | 2 | | for the
benefit of children any gift, donation , or bequest of | 3 | | money or other
property which is received on behalf of such | 4 | | children, or any financial
benefits to which such children are | 5 | | or may become entitled while under
the jurisdiction or care of | 6 | | the Department.
| 7 | | The Department shall set up and administer no-cost, | 8 | | interest-bearing accounts in appropriate financial | 9 | | institutions
for children for whom the Department is legally | 10 | | responsible and who have been
determined eligible for Veterans' | 11 | | Benefits, Social Security benefits,
assistance allotments from | 12 | | the armed forces, court ordered payments, parental
voluntary | 13 | | payments, Supplemental Security Income, Railroad Retirement
| 14 | | payments, Black Lung benefits, or other miscellaneous | 15 | | payments. Interest
earned by each account shall be credited to | 16 | | the account, unless
disbursed in accordance with this | 17 | | subsection.
| 18 | | In disbursing funds from children's accounts, the | 19 | | Department
shall:
| 20 | | (1) Establish standards in accordance with State and | 21 | | federal laws for
disbursing money from children's | 22 | | accounts. In all
circumstances,
the Department's | 23 | | "Guardianship Administrator" or his or her designee must
| 24 | | approve disbursements from children's accounts. The | 25 | | Department
shall be responsible for keeping complete | 26 | | records of all disbursements for each account for any |
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| 1 | | purpose.
| 2 | | (2) Calculate on a monthly basis the amounts paid from | 3 | | State funds for the
child's board and care, medical care | 4 | | not covered under Medicaid, and social
services; and | 5 | | utilize funds from the child's account, as
covered by | 6 | | regulation, to reimburse those costs. Monthly, | 7 | | disbursements from
all children's accounts, up to 1/12 of | 8 | | $13,000,000, shall be
deposited by the Department into the | 9 | | General Revenue Fund and the balance over
1/12 of | 10 | | $13,000,000 into the DCFS Children's Services Fund.
| 11 | | (3) Maintain any balance remaining after reimbursing | 12 | | for the child's costs
of care, as specified in item (2). | 13 | | The balance shall accumulate in accordance
with relevant | 14 | | State and federal laws and shall be disbursed to the child | 15 | | or his
or her guardian, or to the issuing agency.
| 16 | | (r) The Department shall promulgate regulations | 17 | | encouraging all adoption
agencies to voluntarily forward to the | 18 | | Department or its agent names and
addresses of all persons who | 19 | | have applied for and have been approved for
adoption of a | 20 | | hard-to-place child or child with a disability and the names of | 21 | | such
children who have not been placed for adoption. A list of | 22 | | such names and
addresses shall be maintained by the Department | 23 | | or its agent, and coded
lists which maintain the | 24 | | confidentiality of the person seeking to adopt the
child and of | 25 | | the child shall be made available, without charge, to every
| 26 | | adoption agency in the State to assist the agencies in placing |
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| 1 | | such
children for adoption. The Department may delegate to an | 2 | | agent its duty to
maintain and make available such lists. The | 3 | | Department shall ensure that
such agent maintains the | 4 | | confidentiality of the person seeking to adopt the
child and of | 5 | | the child.
| 6 | | (s) The Department of Children and Family Services may | 7 | | establish and
implement a program to reimburse Department and | 8 | | private child welfare
agency foster parents licensed by the | 9 | | Department of Children and Family
Services for damages | 10 | | sustained by the foster parents as a result of the
malicious or | 11 | | negligent acts of foster children, as well as providing third
| 12 | | party coverage for such foster parents with regard to actions | 13 | | of foster
children to other individuals. Such coverage will be | 14 | | secondary to the
foster parent liability insurance policy, if | 15 | | applicable. The program shall
be funded through appropriations | 16 | | from the General Revenue Fund,
specifically designated for such | 17 | | purposes.
| 18 | | (t) The Department shall perform home studies and | 19 | | investigations and
shall exercise supervision over visitation | 20 | | as ordered by a court pursuant
to the Illinois Marriage and | 21 | | Dissolution of Marriage Act or the Adoption
Act only if:
| 22 | | (1) an order entered by an Illinois court specifically
| 23 | | directs the Department to perform such services; and
| 24 | | (2) the court has ordered one or both of the parties to
| 25 | | the proceeding to reimburse the Department for its | 26 | | reasonable costs for
providing such services in accordance |
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| 1 | | with Department rules, or has
determined that neither party | 2 | | is financially able to pay.
| 3 | | The Department shall provide written notification to the | 4 | | court of the
specific arrangements for supervised visitation | 5 | | and projected monthly costs
within 60 days of the court order. | 6 | | The Department shall send to the court
information related to | 7 | | the costs incurred except in cases where the court
has | 8 | | determined the parties are financially unable to pay. The court | 9 | | may
order additional periodic reports as appropriate.
| 10 | | (u) In addition to other information that must be provided, | 11 | | whenever the Department places a child with a prospective | 12 | | adoptive parent or parents , or in a licensed foster home,
group | 13 | | home, or child care institution, or in a relative home, the | 14 | | Department
shall provide to the prospective adoptive parent or | 15 | | parents or other caretaker:
| 16 | | (1) available detailed information concerning the | 17 | | child's educational
and health history, copies of | 18 | | immunization records (including insurance
and medical card | 19 | | information), a history of the child's previous | 20 | | placements,
if any, and reasons for placement changes | 21 | | excluding any information that
identifies or reveals the | 22 | | location of any previous caretaker;
| 23 | | (2) a copy of the child's portion of the client service | 24 | | plan, including
any visitation arrangement, and all | 25 | | amendments or revisions to it as
related to the child; and
| 26 | | (3) information containing details of the child's |
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| 1 | | individualized
educational plan when the child is | 2 | | receiving special education services.
| 3 | | The caretaker shall be informed of any known social or | 4 | | behavioral
information (including, but not limited to, | 5 | | criminal background, fire
setting, perpetuation of
sexual | 6 | | abuse, destructive behavior, and substance abuse) necessary to | 7 | | care
for and safeguard the children to be placed or currently | 8 | | in the home. The Department may prepare a written summary of | 9 | | the information required by this paragraph, which may be | 10 | | provided to the foster or prospective adoptive parent in | 11 | | advance of a placement. The foster or prospective adoptive | 12 | | parent may review the supporting documents in the child's file | 13 | | in the presence of casework staff. In the case of an emergency | 14 | | placement, casework staff shall at least provide known | 15 | | information verbally, if necessary, and must subsequently | 16 | | provide the information in writing as required by this | 17 | | subsection.
| 18 | | The information described in this subsection shall be | 19 | | provided in writing. In the case of emergency placements when | 20 | | time does not allow prior review, preparation, and collection | 21 | | of written information, the Department shall provide such | 22 | | information as it becomes available. Within 10 business days | 23 | | after placement, the Department shall obtain from the | 24 | | prospective adoptive parent or parents or other caretaker a | 25 | | signed verification of receipt of the information provided. | 26 | | Within 10 business days after placement, the Department shall |
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| 1 | | provide to the child's guardian ad litem a copy of the | 2 | | information provided to the prospective adoptive parent or | 3 | | parents or other caretaker. The information provided to the | 4 | | prospective adoptive parent or parents or other caretaker shall | 5 | | be reviewed and approved regarding accuracy at the supervisory | 6 | | level.
| 7 | | (u-5) Effective July 1, 1995, only foster care placements | 8 | | licensed as
foster family homes pursuant to the Child Care Act | 9 | | of 1969 shall be eligible to
receive foster care payments from | 10 | | the Department.
Relative caregivers who, as of July 1, 1995, | 11 | | were approved pursuant to approved
relative placement rules | 12 | | previously promulgated by the Department at 89 Ill.
Adm. Code | 13 | | 335 and had submitted an application for licensure as a foster | 14 | | family
home may continue to receive foster care payments only | 15 | | until the Department
determines that they may be licensed as a | 16 | | foster family home or that their
application for licensure is | 17 | | denied or until September 30, 1995, whichever
occurs first.
| 18 | | (v) The Department shall access criminal history record | 19 | | information
as defined in the Illinois Uniform Conviction | 20 | | Information Act and information
maintained in the adjudicatory | 21 | | and dispositional record system as defined in
Section 2605-355 | 22 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| 23 | | if the Department determines the information is necessary to | 24 | | perform its duties
under the Abused and Neglected Child | 25 | | Reporting Act, the Child Care Act of 1969,
and the Children and | 26 | | Family Services Act. The Department shall provide for
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| 1 | | interactive computerized communication and processing | 2 | | equipment that permits
direct on-line communication with the | 3 | | Department of State Police's central
criminal history data | 4 | | repository. The Department shall comply with all
certification | 5 | | requirements and provide certified operators who have been
| 6 | | trained by personnel from the Department of State Police. In | 7 | | addition, one
Office of the Inspector General investigator | 8 | | shall have training in the use of
the criminal history | 9 | | information access system and have
access to the terminal. The | 10 | | Department of Children and Family Services and its
employees | 11 | | shall abide by rules and regulations established by the | 12 | | Department of
State Police relating to the access and | 13 | | dissemination of
this information.
| 14 | | (v-1) Prior to final approval for placement of a child, the | 15 | | Department shall conduct a criminal records background check of | 16 | | the prospective foster or adoptive parent, including | 17 | | fingerprint-based checks of national crime information | 18 | | databases. Final approval for placement shall not be granted if | 19 | | the record check reveals a felony conviction for child abuse or | 20 | | neglect, for spousal abuse, for a crime against children, or | 21 | | for a crime involving violence, including rape, sexual assault, | 22 | | or homicide, but not including other physical assault or | 23 | | battery, or if there is a felony conviction for physical | 24 | | assault, battery, or a drug-related offense committed within | 25 | | the past 5 years. | 26 | | (v-2) Prior to final approval for placement of a child, the |
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| 1 | | Department shall check its child abuse and neglect registry for | 2 | | information concerning prospective foster and adoptive | 3 | | parents, and any adult living in the home. If any prospective | 4 | | foster or adoptive parent or other adult living in the home has | 5 | | resided in another state in the preceding 5 years, the | 6 | | Department shall request a check of that other state's child | 7 | | abuse and neglect registry.
| 8 | | (w) Within 120 days of August 20, 1995 (the effective date | 9 | | of Public Act
89-392), the Department shall prepare and submit | 10 | | to the Governor and the
General Assembly, a written plan for | 11 | | the development of in-state licensed
secure child care | 12 | | facilities that care for children who are in need of secure
| 13 | | living
arrangements for their health, safety, and well-being. | 14 | | For purposes of this
subsection, secure care facility shall | 15 | | mean a facility that is designed and
operated to ensure that | 16 | | all entrances and exits from the facility, a building
or a | 17 | | distinct part of the building, are under the exclusive control | 18 | | of the
staff of the facility, whether or not the child has the | 19 | | freedom of movement
within the perimeter of the facility, | 20 | | building, or distinct part of the
building. The plan shall | 21 | | include descriptions of the types of facilities that
are needed | 22 | | in Illinois; the cost of developing these secure care | 23 | | facilities;
the estimated number of placements; the potential | 24 | | cost savings resulting from
the movement of children currently | 25 | | out-of-state who are projected to be
returned to Illinois; the | 26 | | necessary geographic distribution of these
facilities in |
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| 1 | | Illinois; and a proposed timetable for development of such
| 2 | | facilities. | 3 | | (x) The Department shall conduct annual credit history | 4 | | checks to determine the financial history of children placed | 5 | | under its guardianship pursuant to the Juvenile Court Act of | 6 | | 1987. The Department shall conduct such credit checks starting | 7 | | when a youth in care turns 12 years old and each year | 8 | | thereafter for the duration of the guardianship as terminated | 9 | | pursuant to the Juvenile Court Act of 1987. The Department | 10 | | shall determine if financial exploitation of the child's | 11 | | personal information has occurred. If financial exploitation | 12 | | appears to have taken place or is presently ongoing, the | 13 | | Department shall notify the proper law enforcement agency, the | 14 | | proper State's Attorney, or the Attorney General. | 15 | | (y) Beginning on July 22, 2010 (the effective date of | 16 | | Public Act 96-1189), a child with a disability who receives | 17 | | residential and educational services from the Department shall | 18 | | be eligible to receive transition services in accordance with | 19 | | Article 14 of the School Code from the age of 14.5 through age | 20 | | 21, inclusive, notwithstanding the child's residential | 21 | | services arrangement. For purposes of this subsection, "child | 22 | | with a disability" means a child with a disability as defined | 23 | | by the federal Individuals with Disabilities Education | 24 | | Improvement Act of 2004. | 25 | | (z) The Department shall access criminal history record | 26 | | information as defined as "background information" in this |
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| 1 | | subsection and criminal history record information as defined | 2 | | in the Illinois Uniform Conviction Information Act for each | 3 | | Department employee or Department applicant. Each Department | 4 | | employee or Department applicant shall submit his or her | 5 | | fingerprints to the Department of State Police in the form and | 6 | | manner prescribed by the Department of State Police. These | 7 | | fingerprints shall be checked against the fingerprint records | 8 | | now and hereafter filed in the Department of State Police and | 9 | | the Federal Bureau of Investigation criminal history records | 10 | | databases. The Department of State Police shall charge a fee | 11 | | for conducting the criminal history record check, which shall | 12 | | be deposited into the State Police Services Fund and shall not | 13 | | exceed the actual cost of the record check. The Department of | 14 | | State Police shall furnish, pursuant to positive | 15 | | identification, all Illinois conviction information to the | 16 | | Department of Children and Family Services. | 17 | | For purposes of this subsection: | 18 | | "Background information" means all of the following: | 19 | | (i) Upon the request of the Department of Children and | 20 | | Family Services, conviction information obtained from the | 21 | | Department of State Police as a result of a | 22 | | fingerprint-based criminal history records check of the | 23 | | Illinois criminal history records database and the Federal | 24 | | Bureau of Investigation criminal history records database | 25 | | concerning a Department employee or Department applicant. | 26 | | (ii) Information obtained by the Department of |
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| 1 | | Children and Family Services after performing a check of | 2 | | the Department of State Police's Sex Offender Database, as | 3 | | authorized by Section 120 of the Sex Offender Community | 4 | | Notification Law, concerning a Department employee or | 5 | | Department applicant. | 6 | | (iii) Information obtained by the Department of | 7 | | Children and Family Services after performing a check of | 8 | | the Child Abuse and Neglect Tracking System (CANTS) | 9 | | operated and maintained by the Department. | 10 | | "Department employee" means a full-time or temporary | 11 | | employee coded or certified within the State of Illinois | 12 | | Personnel System. | 13 | | "Department applicant" means an individual who has | 14 | | conditional Department full-time or part-time work, a | 15 | | contractor, an individual used to replace or supplement staff, | 16 | | an academic intern, a volunteer in Department offices or on | 17 | | Department contracts, a work-study student, an individual or | 18 | | entity licensed by the Department, or an unlicensed service | 19 | | provider who works as a condition of a contract or an agreement | 20 | | and whose work may bring the unlicensed service provider into | 21 | | contact with Department clients or client records. | 22 | | (Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; | 23 | | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff. | 24 | | 8-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81, | 25 | | eff. 7-12-19; revised 8-1-19.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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