State of Illinois
91st General Assembly

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 1        AN ACT to amend the Abused and Neglected Child  Reporting
 2    Act  by  changing  Section  8.2  and adding Sections 8.2a and
 3    8.2b.

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

 6        Section  5.  The Abused and Neglected Child Reporting Act
 7    is amended by changing Section 8.2 and adding  Sections  8.2a
 8    and 8.2b as follows:

 9        (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
10        Sec.   8.2.  If   the   Child   Protective  Service  Unit
11    determines,  following  an  investigation  made  pursuant  to
12    Section 7.4 of this Act, that there is credible evidence that
13    the child is abused or neglected, the Department shall assess
14    the family's need for services, and, as  necessary,  develop,
15    with the family, an appropriate service plan for the family's
16    voluntary  acceptance or refusal.  In any case where there is
17    evidence that the perpetrator of the abuse or neglect  is  an
18    addict  or  alcoholic  as defined in the Alcoholism and Other
19    Drug Abuse and Dependency Act, the  Department,  when  making
20    referrals for drug or alcohol abuse services, shall make such
21    referrals  to  facilities licensed by the Department of Human
22    Services or the Department of Public Health.  The  Department
23    shall comply with Section 8.1 by explaining its lack of legal
24    authority  to  compel  the  acceptance  of  services  and may
25    explain its concomitant authority  to  petition  the  Circuit
26    court  under the Juvenile Court Act of 1987 or refer the case
27    to the local law enforcement authority  or  State's  attorney
28    for criminal prosecution.
29        For  purposes  of this Act, the term "family preservation
30    services" refers to all services to help families,  including
31    adoptive and extended families.  Family preservation services
                            -2-                LRB9102783SMdv
 1    shall  be offered, where safe and appropriate, to prevent the
 2    placement of children in substitute care  when  the  children
 3    can  be  cared  for  at  home or in the custody of the person
 4    responsible for the children's  welfare  without  endangering
 5    the  children's  health or safety, to reunite them with their
 6    families if so placed when reunification  is  an  appropriate
 7    goal,  or  to  maintain  an  adoptive  placement.   The  term
 8    "homemaker"   includes   emergency   caretakers,  homemakers,
 9    caretakers,  housekeepers  and  chore  services.   The   term
10    "counseling"  includes individual therapy, infant stimulation
11    therapy, family therapy,  group  therapy,  self-help  groups,
12    drug  and alcohol abuse counseling, vocational counseling and
13    post-adoptive  services.   The  term  "day   care"   includes
14    protective  day  care  and  day  care  to  meet  educational,
15    prevocational   or  vocational  needs.  The  term  "emergency
16    assistance and advocacy"  includes  coordinated  services  to
17    secure  emergency  cash, food, housing and medical assistance
18    or advocacy  for  other  subsistence  and  family  protective
19    needs.
20        Before  July  1,  2000,  appropriate  family preservation
21    services shall, subject to appropriation, be included in  the
22    service  plan  if  the  Department  has determined that those
23    services will ensure the child's health and  safety,  are  in
24    the  child's  best interests, and will not place the child in
25    imminent risk of harm.  Beginning July 1,  2000,  appropriate
26    family  preservation  services  shall  be uniformly available
27    throughout the State.  The Department shall  promptly  notify
28    children  and  families of the Department's responsibility to
29    offer and provide family preservation services as  identified
30    in  the  service  plan.   Such  plans may include but are not
31    limited to: case management services; homemakers; counseling;
32    parent education; day care; emergency assistance and advocacy
33    assessments;   respite    care;    in-home    health    care;
34    transportation  to  obtain  any  of  the  above services; and
                            -3-                LRB9102783SMdv
 1    medical assistance.   Nothing  in  this  paragraph  shall  be
 2    construed to create a private right of action or claim on the
 3    part of any individual or child welfare agency.
 4        The  Department shall provide a preliminary report to the
 5    General Assembly no later than January 1, 1991, in regard  to
 6    the   provision  of  services  authorized  pursuant  to  this
 7    Section. The report shall include:
 8             (a)  the number of families and children served,  by
 9        type of services;
10             (b)  the   outcome   from   the  provision  of  such
11        services, including the number of families which remained
12        intact at least 6 months  following  the  termination  of
13        services;
14             (c)  the number of families which have been subjects
15        of  founded reports of abuse following the termination of
16        services;
17             (d)  an analysis of general family circumstances  in
18        which  family  preservation services have been determined
19        to be an effective intervention;
20             (e)  information regarding the number of families in
21        need of services but unserved due to  budget  or  program
22        criteria guidelines;
23             (f)  an  estimate  of the time necessary for and the
24        annual cost of statewide implementation of such services;
25             (g)  an  estimate  of  the  length  of  time  before
26        expansion of these  services  will  be  made  to  include
27        families with children over the age of 6; and
28             (h)  recommendations    regarding    any    proposed
29        legislative changes to this program.
30        Each  Department  field  office shall maintain on a local
31    basis directories  of  services  available  to  children  and
32    families  in  the  local  area where the Department office is
33    located.
34        The Department shall refer children and  families  served
                            -4-                LRB9102783SMdv
 1    pursuant to this Section to private agencies and governmental
 2    agencies, where available.
 3        Where   there   are   2   equal  proposals  from  both  a
 4    not-for-profit and a for-profit agency to  provide  services,
 5    the Department shall give preference to the proposal from the
 6    not-for-profit agency.
 7        No  service  plan  shall  compel  any  child or parent to
 8    engage in any activity or refrain from any activity which  is
 9    not reasonably related to remedying a condition or conditions
10    that  gave  rise  or  which could give rise to any finding of
11    child abuse or neglect.
12        Family preservation programs provided by  the  Department
13    or  through a private agency under contract to the Department
14    shall be evaluated annually and shall be deemed successful if
15    each program meets the following standards:
16             (a)  Enables families to resolve their own problems,
17        effectively utilize service  systems,  and  advocate  for
18        their children in educational and social agencies.
19             (b)  Enhances  family  functioning  by  building  on
20        family strengths.
21             (c)  At least 75% of the children receiving services
22        remain  in  their own home for 6 months after termination
23        of services.
24             (d)  At least 95% of the children receiving services
25        are not the subject of  reports  of  severe  physical  or
26        sexual abuse by those receiving services.
27             (e)  During   the  first  year  after  services  are
28        terminated:
29                  (i)  At least 60%  of  the  children  receiving
30             services  remain at home one year after services are
31             terminated.
32                  (ii)  The average length of stay in out-of-home
33             care of children selected to  receive  services  who
34             have already been removed from their home and placed
                            -5-                LRB9102783SMdv
 1             in  out-of-home  care  is  50% less than the average
 2             length of stay in out-of-home care of  children  who
 3             do not receive program services.
 4             (f)  Two  years  after  the  termination  of  family
 5        preservation services:
 6                  (i)  The  average length of out-of-home stay of
 7             children under this Section  who,  at  any  time  of
 8             selection, are in out-of-home care, is 50% less than
 9             the  average  length of stay in out-of-home care for
10             children in out-of-home care for children who do not
11             receive services under this Section.
12                  (ii)  At least 60% of  the  children  who  were
13             returned home under this Section remain at home.
14        The  complete  results  of  these  evaluations  shall  be
15    provided  in  an  annual  report  to  the General Assembly by
16    February 1 of each  year.   In  the  event  that  any  family
17    preservation program established under this Section is deemed
18    unsuccessful by the Department, the program shall not receive
19    further State funding.
20    (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
21    eff. 7-1-97; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)

22        (325 ILCS 5/8.2a new)
23        Sec.  8.2a.  Family  preservation or family reunification
24    parent education.  Each agency or entity that offers a parent
25    education course as a part of a family preservation or family
26    reunification effort for a parent or parents of a  child  who
27    has been the subject of a child abuse or neglect report under
28    this  Act, is subject to an adjudication or is in the process
29    of being adjudicated a dependent child of the court, or whose
30    family is participating in a  voluntary  maintenance  program
31    shall meet all of the requirements specified in this Section.
32    Organizations  that  receive State funding for the purpose of
33    providing parenting courses shall meet those requirements  as
                            -6-                LRB9102783SMdv
 1    a condition of receiving State funding.  The requirements are
 2    as follows:
 3        (a)  Each parenting course shall be no more than 6 months
 4    in  duration  and  shall meet for a specified number of hours
 5    determined by each program as sufficient to meet all  of  the
 6    requirements listed in subdivision (b).
 7        (b)  The   curriculum   shall   include   the   following
 8    components:
 9             (1)  Building   self-esteem,   including,   but  not
10        limited to, parents building a positive parental identity
11        and building the self-esteem of their children.
12             (2)  Handling stress and anger.
13             (3)  Fostering  the  growth   and   development   of
14        children,   including,   but   not  limited  to,  safety,
15        nutrition, and health.
16             (4)  Developing and increasing communication  skills
17        in order that a parent may learn to listen and speak with
18        his or her child or children.
19             (5)  Learning    to    use   positive   disciplinary
20        mechanisms as alternatives to the physical punishment  of
21        a  child,  including,  but  not limited to, learning what
22        constitutes abuse and neglect.
23             (6)  Learning the boundaries  of  permissive  sexual
24        conduct by adults with regard to children.
25             (7)  Referral   to  a  substance  or  alcohol  abuse
26        diagnostic program if there is a history of substance  or
27        alcohol abuse in the child's family.
28             (8)  Respect   for,  and  sensitivity  to,  cultural
29        differences in child rearing practices in addressing  all
30        of the topics listed in paragraphs (1) to (7), inclusive.
31        (c)  Each  parenting  course  is  encouraged  to  have  a
32    maximum parent teacher ratio of 15 parents for each teacher.
33        (d)  Each  parenting  course  is encouraged to conduct an
34    initial assessment and interview of each parent  enrolled  in
                            -7-                LRB9102783SMdv
 1    the course.
 2        (e)  Each  parenting  course  shall  give  a  preliminary
 3    examination   prior  to  the  start  of  the  course  and  an
 4    examination at  the  conclusion  of  the  course  to  measure
 5    changes in parental attitudes.
 6        (f)  Each  parenting  course  shall  enter into a written
 7    agreement   with   each   parent   with   respect   to    the
 8    responsibilities  a parent shall satisfy in order to pass the
 9    course.
10        (g)  The  staff  of  each  parenting  course  shall  have
11    training in the following areas:
12             (1)  The prevention of child abuse and neglect.
13             (2)  Parenting techniques.
14        (h)  Each parenting course shall  provide  the  following
15    information to the appropriate regional or area office of the
16    Department  for  the  region  or  area in which the course is
17    taught, for clients referred through the Department:
18             (1)  Level of participation by parents.
19             (2)  Number of course hours completed.
20             (3)  Topics covered during attendance in class by  a
21        parent  and topics covered during a parent's absence from
22        class.
23             (4)  Assessment of a parent's gain  in  his  or  her
24        knowledge  about parenting as demonstrated by tests prior
25        to and after the parenting course.

26        (325 ILCS 5/8.2b new)
27        Sec. 8.2b.  Service plan guidelines.
28        (a)  The following guidelines shall be  fully  considered
29    when  determining  whether  the child's family is willing and
30    able to provide the child with a safe family home:
31             (1)  The   age   and   the   physical   and   mental
32        vulnerability of the child.
33             (2)  The date or dates  upon  which  the  child  was
                            -8-                LRB9102783SMdv
 1        placed  out  of the family home, and the date or dates of
 2        any subsequent change in placement.
 3             (3)  The magnitude  of  the  harm  suffered  by  the
 4        child.
 5             (4)  The  frequency  of  the  harm  suffered  by the
 6        child.
 7             (5)  Whether  the  child  has  been  the  victim  of
 8        repeated harm after an initial report and intervention by
 9        a social agency.
10             (6)  Whether the child is fearful of  living  in  or
11        returning to the child's family home.
12             (7)  The  results of psychiatric, psychological, and
13        developmental  evaluations  of  the  child,  the  alleged
14        perpetrator, and other appropriate family members who are
15        parties.
16             (8)  Whether  there  is  a  history  of  abusive  or
17        assaultive conduct by the child's family  or  others  who
18        have access to the child's family home.
19             (9)  Whether  the non-perpetrators who reside in the
20        child's home are willing and able to protect the child.
21             (10)  Whether the perpetrator of  the  harm  to  the
22        child is identified.
23             (11)  Whether   the  perpetrator  has  admitted  and
24        acknowledged his or her responsibility for the harm.
25             (12)  Whether the perpetrator has apologized to  the
26        child for the harm.
27             (13)  The motive of the perpetrator.
28             (14)  Whether  the perpetrator has been removed from
29        the child's family home prior to any removal of the child
30        and  will  not  return  for  any  reason  without   prior
31        permission  of  the  court. If necessary, the perpetrator
32        shall be removed from the child's family  home  by  court
33        order  under  Section  2-25  of the Juvenile Court Act of
34        1987.
                            -9-                LRB9102783SMdv
 1             (15)  The willingness and  ability  of  the  child's
 2        family  to  seek  out,  accept,  and  complete counseling
 3        services, and to  cooperate  with  and  facilitate  close
 4        supervision by an appropriate social agency.
 5             (16)  The  willingness  and  ability  of the child's
 6        family to  effect  positive  environmental  and  personal
 7        changes within a reasonable period of time.
 8             (17)  Whether   the   child's   family  demonstrates
 9        adequate parenting skills, such as  providing  the  child
10        and other children under their care with the following:
11                  (A)  Minimally  adequate health and nutritional
12             care.
13                  (B)  Stimulation,   care,    nurturance,    and
14             appropriate  discipline  consistent with the child's
15             physical and psychological development.
16                  (C)  Guidance and supervision  consistent  with
17             the child's safety.
18                  (D)  A safe physical home environment.
19                  (E)  Protection   from   repeated  exposure  to
20             violence, even though not directed at the child.
21             (18)  Whether   the   child's    family    has    an
22        understanding of the child's needs and capabilities.
23             (19)  Whether the child's family perceives the child
24        as being "different".
25             (20)  The  child's family's psychological attachment
26        to the child.
27             (21)  Whether the child's family  problems  relating
28        to  the  safety  of  the  family  home  are  sufficiently
29        resolved.
30             (22)  Whether  the  obstacles  to getting assistance
31        are minimal, such as whether telephone and transportation
32        are available.
33             (23)  Whether a competent person knows  the  child's
34        family   well  enough  to  have  sufficient  contact  and
                            -10-               LRB9102783SMdv
 1        knowledge  to  recognize  both  immediate   and   pending
 2        problems.
 3             (24)  Whether the competent person in paragraph (23)
 4        can  and will intervene and help, as well as report, when
 5        a problem is recognized.
 6             (25)  Whether there is available  a  social  support
 7        system consisting of an extended family and friends.
 8             (26)  Whether   there   are   other   professionals,
 9        agencies,  or  relatives  who have provided evidence that
10        the child's family home is safe.
11        (b)  The following guidelines, relating  specifically  to
12    the  child,  shall  be  considered in determining whether the
13    family home is a healthy environment for the child:
14        (1)  The current  facts  relating  to  the  child,  which
15        include the following:
16                  (A)  Age and vulnerability.
17                  (B)  Psychological, medical, and dental needs.
18                  (C)  Peer  and family relationships and bonding
19             abilities.
20                  (D)  Developmental growth and schooling.
21                  (E)  Current living situation.
22                  (F)  Fear of being in the family home.
23                  (G)  Services provided the child.
24             (2)  The initial and subsequent reports of  harm  or
25        threatened harm suffered by the child.
26             (3)  The  date  or  dates and reason for the child's
27        placement  out  of  the  home,  a  description   of   the
28        appropriateness  and  location  of the placement, and who
29        has placement responsibility.
30             (4)  Historical  facts  relating  to   the   alleged
31        perpetrator  and other appropriate family members who are
32        parties, which include the following:
33                  (A)  Birthplace and family of origin.
34                  (B)  How they were parented.
                            -11-               LRB9102783SMdv
 1                  (C)  Marital or relationship history.
 2                  (D)  Prior involvement in services.
 3             (5)  The  results  of  psychiatric,   psychological,
 4        developmental  evaluations  of  the  child,  the  alleged
 5        perpetrator, and other appropriate family members who are
 6        parties.
 7             (6)  Whether  there  is  a  history  of  abusive  or
 8        assaultive  conduct  by  the child's family or others who
 9        have access to the family home.
10             (7)  Whether there is a history of  substance  abuse
11        by  the  child's  family or others who have access to the
12        family home.
13             (8)  Whether    the    alleged    perpetrator    has
14        acknowledged and apologized for the harm.
15             (9)  Whether the non-perpetrator or non-perpetrators
16        who reside in  the  family  home  have  demonstrated  the
17        ability to protect the child from further harm and ensure
18        that current protective orders are enforced.
19             (10)  Whether  there is a support system of extended
20        family or friends available to the child's family.
21             (11)  Whether the child's family has demonstrated an
22        understanding and utilization of the recommended or court
23        ordered services designated to effectuate a safe home for
24        the child.
25             (12)  Whether the child's family has resolved or can
26        resolve the identified safety issues in the  family  home
27        within a reasonable period of time.
28             (13)  Whether  the  child's  family has demonstrated
29        the ability  to  understand  and  adequately  parent  the
30        child,   especially   in   the  areas  of  communication,
31        nurturing, child development, perception  of  the  child,
32        and meeting the child's physical and emotional needs.
33             (14)  Assessment   (to   include   the  demonstrated
34        ability of the child's family to provide  a  safe  family
                            -12-               LRB9102783SMdv
 1        home for the child) and recommendation.

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

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