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91_HB4336
LRB9111091JMmbA
1 AN ACT to amend the Children and Family Services Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended by changing Sections 5, 7, 7.3, and 35.6 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
9 welfare services when not available through other public or
10 private child care or program facilities.
11 (a) For purposes of this Section:
12 (1) "Children" means persons found within the State
13 who are under the age of 18 years. The term also
14 includes persons under age 19 who:
15 (A) were committed to the Department pursuant
16 to the Juvenile Court Act or the Juvenile Court Act
17 of 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
20 training by the Department prior to the age of 18
21 and whose best interest in the discretion of the
22 Department would be served by continuing that care,
23 service and training because of severe emotional
24 disturbances, physical disability, social adjustment
25 or any combination thereof, or because of the need
26 to complete an educational or vocational training
27 program.
28 (2) "Homeless youth" means persons found within the
29 State who are under the age of 19, are not in a safe and
30 stable living situation and cannot be reunited with their
31 families.
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1 (3) "Child welfare services" means public social
2 services which are directed toward the accomplishment of
3 the following purposes:
4 (A) protecting and promoting the health,
5 safety and welfare of children, including homeless,
6 dependent or neglected children;
7 (B) remedying, or assisting in the solution of
8 problems which may result in, the neglect, abuse,
9 exploitation or delinquency of children;
10 (C) preventing the unnecessary separation of
11 children from their families by identifying family
12 problems, assisting families in resolving their
13 problems, and preventing the breakup of the family
14 where the prevention of child removal is desirable
15 and possible when the child can be cared for at home
16 without endangering the child's health and safety;
17 (D) restoring to their families children who
18 have been removed, by the provision of services to
19 the child and the families when the child can be
20 cared for at home without endangering the child's
21 health and safety;
22 (E) placing children in suitable adoptive
23 homes, in cases where restoration to the biological
24 family is not safe, possible or appropriate;
25 (F) assuring safe and adequate care of
26 children away from their homes, in cases where the
27 child cannot be returned home or cannot be placed
28 for adoption. At the time of placement, the
29 Department shall consider concurrent planning, as
30 described in subsection (l-1) of this Section so
31 that permanency may occur at the earliest
32 opportunity. Consideration should be given so that
33 if reunification fails or is delayed, the placement
34 made is the best available placement to provide
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1 permanency for the child;
2 (G) (blank);
3 (H) (blank); and
4 (I) placing and maintaining children in
5 facilities that provide separate living quarters for
6 children under the age of 18 and for children 18
7 years of age and older, unless a child 18 years of
8 age is in the last year of high school education or
9 vocational training, in an approved individual or
10 group treatment program, in a licensed shelter
11 facility, or secure child care facility. The
12 Department is not required to place or maintain
13 children:
14 (i) who are in a foster home, or
15 (ii) who are persons with a developmental
16 disability, as defined in the Mental Health and
17 Developmental Disabilities Code, or
18 (iii) who are female children who are
19 pregnant, pregnant and parenting or parenting,
20 or
21 (iv) who are siblings,
22 in facilities that provide separate living quarters
23 for children 18 years of age and older and for
24 children under 18 years of age.
25 (b) Nothing in this Section shall be construed to
26 authorize the expenditure of public funds for the purpose of
27 performing abortions.
28 (c) The Department shall establish and maintain
29 tax-supported child welfare services and extend and seek to
30 improve voluntary services throughout the State, to the end
31 that services and care shall be available on an equal basis
32 throughout the State to children requiring such services.
33 (d) The Director may authorize advance disbursements for
34 any new program initiative to any agency contracting with the
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1 Department. As a prerequisite for an advance disbursement,
2 the contractor must post a surety bond in the amount of the
3 advance disbursement and have a purchase of service contract
4 approved by the Department. The Department may pay up to 2
5 months operational expenses in advance. The amount of the
6 advance disbursement shall be prorated over the life of the
7 contract or the remaining months of the fiscal year,
8 whichever is less, and the installment amount shall then be
9 deducted from future bills. Advance disbursement
10 authorizations for new initiatives shall not be made to any
11 agency after that agency has operated during 2 consecutive
12 fiscal years. The requirements of this Section concerning
13 advance disbursements shall not apply with respect to the
14 following: payments to local public agencies for child day
15 care services as authorized by Section 5a of this Act; and
16 youth service programs receiving grant funds under Section
17 17a-4.
18 (e) (Blank).
19 (f) (Blank).
20 (g) The Department shall establish rules and regulations
21 concerning its operation of programs designed to meet the
22 goals of child safety and protection, family preservation,
23 family reunification, and adoption, including but not limited
24 to:
25 (1) adoption;
26 (2) foster care;
27 (3) family counseling;
28 (4) protective services;
29 (5) (blank);
30 (6) homemaker service;
31 (7) return of runaway children;
32 (8) (blank);
33 (9) placement under Section 5-7 of the Juvenile
34 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the
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1 Juvenile Court Act of 1987 in accordance with the federal
2 Adoption Assistance and Child Welfare Act of 1980; and
3 (10) interstate services.
4 Rules and regulations established by the Department shall
5 include provisions for training Department staff and the
6 staff of Department grantees, through contracts with other
7 agencies or resources, in alcohol and drug abuse screening
8 techniques approved by the Department of Human Services, as a
9 successor to the Department of Alcoholism and Substance
10 Abuse, for the purpose of identifying children and adults who
11 should be referred to an alcohol and drug abuse treatment
12 program for professional evaluation.
13 (h) If the Department finds that there is no appropriate
14 program or facility within or available to the Department for
15 a ward and that no licensed private facility has an adequate
16 and appropriate program or none agrees to accept the ward,
17 the Department shall create an appropriate individualized,
18 program-oriented plan for such ward. The plan may be
19 developed within the Department or through purchase of
20 services by the Department to the extent that it is within
21 its statutory authority to do.
22 (i) Service programs shall be available throughout the
23 State and shall include but not be limited to the following
24 services:
25 (1) case management;
26 (2) homemakers;
27 (3) counseling;
28 (4) parent education;
29 (5) day care; and
30 (6) emergency assistance and advocacy.
31 In addition, the following services may be made available
32 to assess and meet the needs of children and families:
33 (1) comprehensive family-based services;
34 (2) assessments;
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1 (3) respite care; and
2 (4) in-home health services.
3 The Department shall provide transportation for any of
4 the services it makes available to children or families or
5 for which it refers children or families.
6 (j) The Department may provide categories of financial
7 assistance and education assistance grants, and shall
8 establish rules and regulations concerning the assistance and
9 grants, to persons who adopt physically or mentally
10 handicapped, older and other hard-to-place children who (i)
11 immediately prior to their adoption were legal wards of the
12 Department or (ii) were determined eligible for financial
13 assistance with respect to a prior adoption and who become
14 available for adoption because the prior adoption has been
15 dissolved and the parental rights of the adoptive parents
16 have been terminated or because the child's adoptive parents
17 have died. The Department may also provide categories of
18 financial assistance and education assistance grants, and
19 shall establish rules and regulations for the assistance and
20 grants, to persons appointed guardian of the person under
21 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
22 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
23 who were wards of the Department for 12 months immediately
24 prior to the appointment of the guardian.
25 The amount of assistance may vary, depending upon the
26 needs of the child and the adoptive parents, as set forth in
27 the annual assistance agreement. Special purpose grants are
28 allowed where the child requires special service but such
29 costs may not exceed the amounts which similar services would
30 cost the Department if it were to provide or secure them as
31 guardian of the child.
32 Any financial assistance provided under this subsection
33 is inalienable by assignment, sale, execution, attachment,
34 garnishment, or any other remedy for recovery or collection
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1 of a judgment or debt.
2 (j-5) The Department shall not deny or delay the
3 placement of a child for adoption if an approved family is
4 available either outside of the Department region handling
5 the case, or outside of the State of Illinois.
6 (k) The Department shall accept for care and training
7 any child who has been adjudicated neglected or abused, or
8 dependent committed to it pursuant to the Juvenile Court Act
9 or the Juvenile Court Act of 1987.
10 (l) Before July 1, 2000, the Department may provide, and
11 beginning July 1, 2000, the Department shall offer family
12 preservation services, as defined in Section 8.2 of the
13 Abused and Neglected Child Reporting Act, to help families,
14 including adoptive and extended families. Family preservation
15 services shall be offered (i) to prevent the placement of
16 children in substitute care when the children can be cared
17 for at home or in the custody of the person responsible for
18 the children's welfare, (ii) to reunite children with their
19 families, or (iii) to maintain an adoptive placement. Family
20 preservation services shall only be offered when doing so
21 will not endanger the children's health or safety. With
22 respect to children who are in substitute care pursuant to
23 the Juvenile Court Act of 1987, family preservation services
24 shall not be offered if a goal other than those of
25 subdivisions (A), (B), or (B-1) of subsection (2) of Section
26 2-28 of that Act has been set. Nothing in this paragraph
27 shall be construed to create a private right of action or
28 claim on the part of any individual or child welfare agency.
29 The Department shall notify the child and his family of
30 the Department's responsibility to offer and provide family
31 preservation services as identified in the service plan. The
32 child and his family shall be eligible for services as soon
33 as the report is determined to be "indicated". The
34 Department may offer services to any child or family with
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1 respect to whom a report of suspected child abuse or neglect
2 has been filed, prior to concluding its investigation under
3 Section 7.12 of the Abused and Neglected Child Reporting Act.
4 However, the child's or family's willingness to accept
5 services shall not be considered in the investigation. The
6 Department may also provide services to any child or family
7 who is the subject of any report of suspected child abuse or
8 neglect or may refer such child or family to services
9 available from other agencies in the community, even if the
10 report is determined to be unfounded, if the conditions in
11 the child's or family's home are reasonably likely to subject
12 the child or family to future reports of suspected child
13 abuse or neglect. Acceptance of such services shall be
14 voluntary.
15 The Department may, at its discretion except for those
16 children also adjudicated neglected or dependent, accept for
17 care and training any child who has been adjudicated
18 addicted, as a truant minor in need of supervision or as a
19 minor requiring authoritative intervention, under the
20 Juvenile Court Act or the Juvenile Court Act of 1987, but no
21 such child shall be committed to the Department by any court
22 without the approval of the Department. A minor charged with
23 a criminal offense under the Criminal Code of 1961 or
24 adjudicated delinquent shall not be placed in the custody of
25 or committed to the Department by any court, except a minor
26 less than 13 years of age committed to the Department under
27 Section 5-710 of the Juvenile Court Act of 1987.
28 (l-1) The legislature recognizes that the best interests
29 of the child require that the child be placed in the most
30 permanent living arrangement as soon as is practically
31 possible. To achieve this goal, the legislature directs the
32 Department of Children and Family Services to conduct
33 concurrent planning so that permanency may occur at the
34 earliest opportunity. Permanent living arrangements may
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1 include prevention of placement of a child outside the home
2 of the family when the child can be cared for at home without
3 endangering the child's health or safety; reunification with
4 the family, when safe and appropriate, if temporary placement
5 is necessary; or movement of the child toward the most
6 permanent living arrangement and permanent legal status.
7 When determining reasonable efforts to be made with
8 respect to a child, as described in this subsection, and in
9 making such reasonable efforts, the child's health and safety
10 shall be the paramount concern.
11 When a child is placed in foster care, the Department
12 shall ensure and document that reasonable efforts were made
13 to prevent or eliminate the need to remove the child from the
14 child's home. The Department must make reasonable efforts to
15 reunify the family when temporary placement of the child
16 occurs unless otherwise required, pursuant to the Juvenile
17 Court Act of 1987. At any time after the dispositional
18 hearing where the Department believes that further
19 reunification services would be ineffective, it may request a
20 finding from the court that reasonable efforts are no longer
21 appropriate. The Department is not required to provide
22 further reunification services after such a finding.
23 A decision to place a child in substitute care shall be
24 made with considerations of the child's health, safety, and
25 best interests. At the time of placement, consideration
26 should also be given so that if reunification fails or is
27 delayed, the placement made is the best available placement
28 to provide permanency for the child.
29 The Department shall adopt rules addressing concurrent
30 planning for reunification and permanency. The Department
31 shall consider the following factors when determining
32 appropriateness of concurrent planning:
33 (1) the likelihood of prompt reunification;
34 (2) the past history of the family;
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1 (3) the barriers to reunification being addressed
2 by the family;
3 (4) the level of cooperation of the family;
4 (5) the foster parents' willingness to work with
5 the family to reunite;
6 (6) the willingness and ability of the foster
7 family to provide an adoptive home or long-term
8 placement;
9 (7) the age of the child;
10 (8) placement of siblings.
11 (m) The Department may assume temporary custody of any
12 child if:
13 (1) it has received a written consent to such
14 temporary custody signed by the parents of the child or
15 by the parent having custody of the child if the parents
16 are not living together or by the guardian or custodian
17 of the child if the child is not in the custody of either
18 parent, or
19 (2) the child is found in the State and neither a
20 parent, guardian nor custodian of the child can be
21 located.
22 If the child is found in his or her residence without a
23 parent, guardian, custodian or responsible caretaker, the
24 Department may, instead of removing the child and assuming
25 temporary custody, place an authorized representative of the
26 Department in that residence until such time as a parent,
27 guardian or custodian enters the home and expresses a
28 willingness and apparent ability to ensure the child's health
29 and safety and resume permanent charge of the child, or until
30 a relative enters the home and is willing and able to ensure
31 the child's health and safety and assume charge of the child
32 until a parent, guardian or custodian enters the home and
33 expresses such willingness and ability to ensure the child's
34 safety and resume permanent charge. After a caretaker has
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1 remained in the home for a period not to exceed 12 hours, the
2 Department must follow those procedures outlined in Section
3 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.
4 The Department shall have the authority, responsibilities
5 and duties that a legal custodian of the child would have
6 pursuant to subsection (9) of Section 1-3 of the Juvenile
7 Court Act of 1987. Whenever a child is taken into temporary
8 custody pursuant to an investigation under the Abused and
9 Neglected Child Reporting Act, or pursuant to a referral and
10 acceptance under the Juvenile Court Act of 1987 of a minor in
11 limited custody, the Department, during the period of
12 temporary custody and before the child is brought before a
13 judicial officer as required by Section 2-9, 3-11, 4-8, or
14 5-415 of the Juvenile Court Act of 1987, shall have the
15 authority, responsibilities and duties that a legal custodian
16 of the child would have under subsection (9) of Section 1-3
17 of the Juvenile Court Act of 1987.
18 The Department shall ensure that any child taken into
19 custody is scheduled for an appointment for a medical
20 examination.
21 A parent, guardian or custodian of a child in the
22 temporary custody of the Department who would have custody of
23 the child if he were not in the temporary custody of the
24 Department may deliver to the Department a signed request
25 that the Department surrender the temporary custody of the
26 child. The Department may retain temporary custody of the
27 child for 10 days after the receipt of the request, during
28 which period the Department may cause to be filed a petition
29 pursuant to the Juvenile Court Act of 1987. If a petition is
30 so filed, the Department shall retain temporary custody of
31 the child until the court orders otherwise. If a petition is
32 not filed within the 10 day period, the child shall be
33 surrendered to the custody of the requesting parent, guardian
34 or custodian not later than the expiration of the 10 day
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1 period, at which time the authority and duties of the
2 Department with respect to the temporary custody of the child
3 shall terminate.
4 (m-1) The Department may place children under 18 years
5 of age in a secure child care facility licensed by the
6 Department that cares for children who are in need of secure
7 living arrangements for their health, safety, and well-being
8 after a determination is made by the facility director and
9 the Director or the Director's designate prior to admission
10 to the facility subject to Section 2-27.1 of the Juvenile
11 Court Act of 1987. This subsection (m-1) does not apply to a
12 child who is subject to placement in a correctional facility
13 operated pursuant to Section 3-15-2 of the Unified Code of
14 Corrections.
15 (n) The Department may place children under 18 years of
16 age in licensed child care facilities when in the opinion of
17 the Department, appropriate services aimed at family
18 preservation have been unsuccessful and cannot ensure the
19 child's health and safety or are unavailable and such
20 placement would be for their best interest. Payment for
21 board, clothing, care, training and supervision of any child
22 placed in a licensed child care facility may be made by the
23 Department, by the parents or guardians of the estates of
24 those children, or by both the Department and the parents or
25 guardians, except that no payments shall be made by the
26 Department for any child placed in a licensed child care
27 facility for board, clothing, care, training and supervision
28 of such a child that exceed the average per capita cost of
29 maintaining and of caring for a child in institutions for
30 dependent or neglected children operated by the Department.
31 However, such restriction on payments does not apply in cases
32 where children require specialized care and treatment for
33 problems of severe emotional disturbance, physical
34 disability, social adjustment, or any combination thereof and
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1 suitable facilities for the placement of such children are
2 not available at payment rates within the limitations set
3 forth in this Section. All reimbursements for services
4 delivered shall be absolutely inalienable by assignment,
5 sale, attachment, garnishment or otherwise.
6 (o) The Department shall establish an administrative
7 review and appeal process for children and families who
8 request or receive child welfare services from the
9 Department, or who have an interest in the placement of a
10 child in substitute care due to their family relationship to
11 the child. Children who are wards of the Department and are
12 placed by private child welfare agencies, and foster families
13 with whom those children are placed, shall be afforded the
14 same procedural and appeal rights as children and families in
15 the case of placement by the Department, including the right
16 to an initial review of a private agency decision by that
17 agency. The Department shall insure that any private child
18 welfare agency, which accepts wards of the Department for
19 placement, affords those rights to children and foster
20 families. The Department shall accept for administrative
21 review and an appeal hearing a complaint made by (i) a child
22 or foster family concerning a decision following an initial
23 review by a private child welfare agency, or (ii) any
24 relative of a child receiving child welfare services from the
25 Department or its agents who alleges that such services are
26 not being provided in the child's best interests, (iii) any
27 relative alleging that there has been a violation of State or
28 federal law, rules, policies, or procedures in the
29 administration of child welfare services by the Department or
30 its agents, or (iv) a prospective adoptive parent who alleges
31 a violation of subsection (j-5) of this Section. An appeal
32 of a decision concerning a change in the placement of a child
33 shall be conducted in an expedited manner.
34 (p) There is hereby created the Department of Children
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1 and Family Services Emergency Assistance Fund from which the
2 Department may provide special financial assistance to
3 families which are in economic crisis when such assistance is
4 not available through other public or private sources and the
5 assistance is deemed necessary to prevent dissolution of the
6 family unit or to reunite families which have been separated
7 due to child abuse and neglect. The Department shall
8 establish administrative rules specifying the criteria for
9 determining eligibility for and the amount and nature of
10 assistance to be provided. The Department may also enter
11 into written agreements with private and public social
12 service agencies to provide emergency financial services to
13 families referred by the Department. Special financial
14 assistance payments shall be available to a family no more
15 than once during each fiscal year and the total payments to a
16 family may not exceed $500 during a fiscal year.
17 (q) The Department may receive and use, in their
18 entirety, for the benefit of children any gift, donation or
19 bequest of money or other property which is received on
20 behalf of such children, or any financial benefits to which
21 such children are or may become entitled while under the
22 jurisdiction or care of the Department.
23 The Department shall set up and administer no-cost,
24 interest-bearing savings accounts in appropriate financial
25 institutions ("individual accounts") for children for whom
26 the Department is legally responsible and who have been
27 determined eligible for Veterans' Benefits, Social Security
28 benefits, assistance allotments from the armed forces, court
29 ordered payments, parental voluntary payments, Supplemental
30 Security Income, Railroad Retirement payments, Black Lung
31 benefits, or other miscellaneous payments. Interest earned
32 by each individual account shall be credited to the account,
33 unless disbursed in accordance with this subsection.
34 In disbursing funds from children's individual accounts,
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1 the Department shall:
2 (1) Establish standards in accordance with State
3 and federal laws for disbursing money from children's
4 individual accounts. In all circumstances, the
5 Department's "Guardianship Administrator" or his or her
6 designee must approve disbursements from children's
7 individual accounts. The Department shall be responsible
8 for keeping complete records of all disbursements for
9 each individual account for any purpose.
10 (2) Calculate on a monthly basis the amounts paid
11 from State funds for the child's board and care, medical
12 care not covered under Medicaid, and social services; and
13 utilize funds from the child's individual account, as
14 covered by regulation, to reimburse those costs.
15 Monthly, disbursements from all children's individual
16 accounts, up to 1/12 of $13,000,000, shall be deposited
17 by the Department into the General Revenue Fund and the
18 balance over 1/12 of $13,000,000 into the DCFS Children's
19 Services Fund.
20 (3) Maintain any balance remaining after
21 reimbursing for the child's costs of care, as specified
22 in item (2). The balance shall accumulate in accordance
23 with relevant State and federal laws and shall be
24 disbursed to the child or his or her guardian, or to the
25 issuing agency.
26 (r) The Department shall promulgate regulations
27 encouraging all adoption agencies to voluntarily forward to
28 the Department or its agent names and addresses of all
29 persons who have applied for and have been approved for
30 adoption of a hard-to-place or handicapped child and the
31 names of such children who have not been placed for adoption.
32 A list of such names and addresses shall be maintained by the
33 Department or its agent, and coded lists which maintain the
34 confidentiality of the person seeking to adopt the child and
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1 of the child shall be made available, without charge, to
2 every adoption agency in the State to assist the agencies in
3 placing such children for adoption. The Department may
4 delegate to an agent its duty to maintain and make available
5 such lists. The Department shall ensure that such agent
6 maintains the confidentiality of the person seeking to adopt
7 the child and of the child.
8 (s) The Department of Children and Family Services may
9 establish and implement a program to reimburse Department and
10 private child welfare agency foster parents licensed by the
11 Department of Children and Family Services for damages
12 sustained by the foster parents as a result of the malicious
13 or negligent acts of foster children, as well as providing
14 third party coverage for such foster parents with regard to
15 actions of foster children to other individuals. Such
16 coverage will be secondary to the foster parent liability
17 insurance policy, if applicable. The program shall be funded
18 through appropriations from the General Revenue Fund,
19 specifically designated for such purposes.
20 (t) The Department shall perform home studies and
21 investigations and shall exercise supervision over visitation
22 as ordered by a court pursuant to the Illinois Marriage and
23 Dissolution of Marriage Act or the Adoption Act only if:
24 (1) an order entered by an Illinois court
25 specifically directs the Department to perform such
26 services; and
27 (2) the court has ordered one or both of the
28 parties to the proceeding to reimburse the Department for
29 its reasonable costs for providing such services in
30 accordance with Department rules, or has determined that
31 neither party is financially able to pay.
32 The Department shall provide written notification to the
33 court of the specific arrangements for supervised visitation
34 and projected monthly costs within 60 days of the court
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1 order. The Department shall send to the court information
2 related to the costs incurred except in cases where the court
3 has determined the parties are financially unable to pay. The
4 court may order additional periodic reports as appropriate.
5 (u) Whenever the Department places a child in a licensed
6 foster home, group home, child care institution, or in a
7 relative home, the Department shall provide to the caretaker:
8 (1) available detailed information concerning the
9 child's educational and health history, copies of
10 immunization records (including insurance and medical
11 card information), a history of the child's previous
12 placements, if any, and reasons for placement changes
13 excluding any information that identifies or reveals the
14 location of any previous caretaker;
15 (2) a copy of the child's portion of the client
16 service plan, including any visitation arrangement, and
17 all amendments or revisions to it as related to the
18 child; and
19 (3) information containing details of the child's
20 individualized educational plan when the child is
21 receiving special education services.
22 The caretaker shall be informed of any known social or
23 behavioral information (including, but not limited to,
24 criminal background, fire setting, perpetuation of sexual
25 abuse, destructive behavior, and substance abuse) necessary
26 to care for and safeguard the child.
27 (u-5) Effective July 1, 1995, only foster care
28 placements licensed as foster family homes pursuant to the
29 Child Care Act of 1969 shall be eligible to receive foster
30 care payments from the Department. Relative caregivers who,
31 as of July 1, 1995, were approved pursuant to approved
32 relative placement rules previously promulgated by the
33 Department at 89 Ill. Adm. Code 335 and had submitted an
34 application for licensure as a foster family home may
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1 continue to receive foster care payments only until the
2 Department determines that they may be licensed as a foster
3 family home or that their application for licensure is denied
4 or until September 30, 1995, whichever occurs first.
5 (v) The Department shall access criminal history record
6 information as defined in the Illinois Uniform Conviction
7 Information Act and information maintained in the
8 adjudicatory and dispositional record system as defined in
9 Section 2605-355 of the Department of State Police Law (20
10 ILCS 2605/2605-355) if the Department determines the
11 information is necessary to perform its duties under the
12 Abused and Neglected Child Reporting Act, the Child Care Act
13 of 1969, and the Children and Family Services Act. The
14 Department shall provide for interactive computerized
15 communication and processing equipment that permits direct
16 on-line communication with the Department of State Police's
17 central criminal history data repository. The Department
18 shall comply with all certification requirements and provide
19 certified operators who have been trained by personnel from
20 the Department of State Police. In addition, one Office of
21 the Inspector General investigator shall have training in the
22 use of the criminal history information access system and
23 have access to the terminal. The Department of Children and
24 Family Services and its employees shall abide by rules and
25 regulations established by the Department of State Police
26 relating to the access and dissemination of this information.
27 (w) Within 120 days of August 20, 1995 (the effective
28 date of Public Act 89-392), the Department shall prepare and
29 submit to the Governor and the General Assembly, a written
30 plan for the development of in-state licensed secure child
31 care facilities that care for children who are in need of
32 secure living arrangements for their health, safety, and
33 well-being. For purposes of this subsection, secure care
34 facility shall mean a facility that is designed and operated
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1 to ensure that all entrances and exits from the facility, a
2 building or a distinct part of the building, are under the
3 exclusive control of the staff of the facility, whether or
4 not the child has the freedom of movement within the
5 perimeter of the facility, building, or distinct part of the
6 building. The plan shall include descriptions of the types
7 of facilities that are needed in Illinois; the cost of
8 developing these secure care facilities; the estimated number
9 of placements; the potential cost savings resulting from the
10 movement of children currently out-of-state who are projected
11 to be returned to Illinois; the necessary geographic
12 distribution of these facilities in Illinois; and a proposed
13 timetable for development of such facilities.
14 (Source: P.A. 90-11, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28,
15 eff. 1-1-98; 90-362, eff. 1-1-98; 90-590, eff. 1-1-99;
16 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-239, eff.
17 1-1-00; 91-357, eff. 7-29-99; revised 8-6-99.)
18 (20 ILCS 505/7) (from Ch. 23, par. 5007)
19 Sec. 7. Placement of children; considerations.
20 (a) In placing any child under this Act, the Department
21 shall place such child, as far as possible, in the care and
22 custody of some individual holding the same religious belief
23 as the parents of the child, or with some child care facility
24 which is operated by persons of like religious faith as the
25 parents of such child.
26 (b) In placing a child under this Act, the Department
27 may place a child with a relative if the Department has
28 reason to believe that the relative will be able to
29 adequately provide for the child's safety and welfare. The
30 Department may not place a child with a relative, with the
31 exception of certain circumstances which may be waived as
32 defined by the Department in rules, if the results of a check
33 of the Law Enforcement Agency Data System (LEADS) identifies
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1 a prior criminal conviction of the relative or any adult
2 member of the relative's household for any of the following
3 offenses under the Criminal Code of 1961:
4 (1) murder;
5 (1.1) solicitation of murder;
6 (1.2) solicitation of murder for hire;
7 (1.3) intentional homicide of an unborn child;
8 (1.4) voluntary manslaughter of an unborn child;
9 (1.5) involuntary manslaughter;
10 (1.6) reckless homicide;
11 (1.7) concealment of a homicidal death;
12 (1.8) involuntary manslaughter of an unborn child;
13 (1.9) reckless homicide of an unborn child;
14 (1.10) drug-induced homicide;
15 (2) a sex offense under Article 11, except offenses
16 described in Sections 11-7, 11-8, 11-12, and 11-13;
17 (3) kidnapping;
18 (3.1) aggravated unlawful restraint;
19 (3.2) forcible detention;
20 (3.3) aiding and abetting child abduction;
21 (4) aggravated kidnapping;
22 (5) child abduction;
23 (6) aggravated battery of a child;
24 (7) criminal sexual assault;
25 (8) aggravated criminal sexual assault;
26 (8.1) predatory criminal sexual assault of a child;
27 (9) criminal sexual abuse;
28 (10) aggravated sexual abuse;
29 (11) heinous battery;
30 (12) aggravated battery with a firearm;
31 (13) tampering with food, drugs, or cosmetics;
32 (14) drug-induced infliction of great bodily harm;
33 (15) aggravated stalking;
34 (16) home invasion;
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1 (17) vehicular invasion;
2 (18) criminal transmission of HIV;
3 (19) criminal neglect of an elderly or disabled
4 person;
5 (20) child abandonment;
6 (21) endangering the life or health of a child;
7 (22) ritual mutilation;
8 (23) ritualized abuse of a child;
9 (24) an offense in any other state the elements of
10 which are similar and bear a substantial relationship to
11 any of the foregoing offenses.
12 For the purpose of this subsection, "relative" shall include
13 any person, 21 years of age or over, other than the parent,
14 who (i) is currently related to the child in any of the
15 following ways by blood or adoption: grandparent, sibling,
16 great-grandparent, uncle, aunt, nephew, niece, first cousin,
17 great-uncle, or great-aunt; or (ii) is the spouse of such a
18 relative; or (iii) is the child's step-father, step-mother,
19 or adult step-brother or step-sister; "relative" also
20 includes a person related in any of the foregoing ways to a
21 sibling of a child, even though the person is not related to
22 the child, when the child and its sibling are placed together
23 with that person. A relative with whom a child is placed
24 pursuant to this subsection may, but is not required to,
25 apply for licensure as a foster family home pursuant to the
26 Child Care Act of 1969; provided, however, that as of July 1,
27 1995, foster care payments shall be made only to licensed
28 foster family homes pursuant to the terms of Section 5 of
29 this Act.
30 (c) In placing a child under this Act, the Department
31 shall ensure that the child's health, safety, and best
32 interests are met in making a family foster care placement.
33 The Department shall consider the individual needs of the
34 child and the capacity of the prospective foster or adoptive
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1 parents to meet the needs of the child. When a child must be
2 placed outside his or her home and cannot be immediately
3 returned to his or her parents or guardian, efforts shall be
4 made to determine whether there are particular needs of the
5 child relating to the child's cultural, ethnic, or racial
6 background that should be considered in such a placement. The
7 Department shall make special efforts for the diligent
8 recruitment of potential foster and adoptive families that
9 reflect the ethnic and racial diversity of the children for
10 whom foster and adoptive homes are needed. "Special efforts"
11 shall include contacting and working with community
12 organizations and religious organizations and may include
13 contracting with those organizations, utilizing local media
14 and other local resources, and conducting outreach
15 activities.
16 (c-1) At the time of placement, the Department shall
17 consider concurrent planning, as described in subsection
18 (l-1) of Section 5, so that permanency may occur at the
19 earliest opportunity. Consideration should be given so that
20 if reunification fails or is delayed, the placement made is
21 the best available placement to provide permanency for the
22 child.
23 (d) The Department may accept gifts, grants, offers of
24 services, and other contributions to use in making special
25 recruitment efforts.
26 (e) The Department in placing children in adoptive or
27 foster care homes may not, in any policy or practice relating
28 to the placement of children for adoption or foster care,
29 discriminate against any child or prospective adoptive or
30 foster parent on the basis of race.
31 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
32 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
33 eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
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1 (20 ILCS 505/7.3)
2 Sec. 7.3. Placement plan. The Department shall develop
3 and implement a written plan for placing children. The plan
4 shall include at least the following features:
5 (1) A plan for recruiting minority adoptive and
6 foster families. The plan shall include strategies for
7 using existing resources in minority communities, use of
8 minority outreach staff whenever possible, use of
9 minority foster homes for placements after birth and
10 before adoption, and other techniques as appropriate.
11 (2) A plan for training adoptive and foster
12 families of minority children.
13 (3) A plan for employing social workers in adoption
14 and foster care. The plan shall include staffing goals
15 and objectives.
16 (4) A plan for ensuring that adoption and foster
17 care workers attend training offered or approved by the
18 Department regarding the State's goal of encouraging
19 cultural diversity and the needs of special needs
20 children.
21 (5) A plan that includes policies and procedures
22 for determining for each child requiring placement
23 outside of his or her home and who cannot be immediately
24 returned to his or her parents or guardian if there are
25 particular needs of the child relating to the child's
26 cultural, ethnic, or racial background that should be
27 considered in such a placement.
28 (Source: P.A. 89-422.)
29 (20 ILCS 505/35.6)
30 Sec. 35.6. State-wide Foster parent state-wide,
31 toll-free telephone number.
32 (a) There shall be a State-wide, toll-free telephone
33 number for any person foster parents, whether or not mandated
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1 by law, to report to the Inspector General of the Department,
2 suspected misconduct, malfeasance, misfeasance, or violations
3 of rules, procedures, or laws by Department employees,
4 service providers, or contractors that is detrimental to the
5 best interest of children receiving care, services, or
6 training from or who were committed to the Department as
7 allowed under Section 5 of this Act. Immediately upon
8 receipt of a telephone call regarding suspected abuse or
9 neglect of children, the Inspector General shall refer the
10 call to the Child Abuse and Neglect Hotline or to the State
11 Police as mandated by the Abused and Neglected Child
12 Reporting Act and Section 35.5 of this Act. A mandated
13 reporter shall not be relieved of his or her duty to report
14 incidents to the Child Abuse and Neglect Hotline referred to
15 in this subsection. The Inspector General shall also
16 establish rules and procedures for evaluating reports of
17 suspected misconduct and violation of rules and for
18 conducting an investigation of such reports.
19 (b) The Inspector General shall prepare and maintain
20 written records from the reporting source that shall contain
21 the following information to the extent known at the time the
22 report is made: (1) the names and addresses of the child and
23 the person responsible for the child's welfare; (2) the
24 nature of the misconduct and the detriment cause to the
25 child's best interest; (3) the names of the persons or
26 agencies responsible for the alleged misconduct. Any
27 investigation conducted by the Inspector General pursuant to
28 such information shall not duplicate and shall be separate
29 from the investigation mandated by the Abused and Neglected
30 Child Reporting Act. However, the Inspector General may
31 include the results of such investigation in reports compiled
32 under this Section. At the request of the reporting agent,
33 the Inspector General shall keep the identity of the
34 reporting agent strictly confidential from the operation of
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1 the Department, until the Inspector General shall determine
2 what recommendations shall be made with regard to discipline
3 or sanction of the Department employee, service provider, or
4 contractor, with the exception of suspected child abuse or
5 neglect which shall be handled consistent with the Abused and
6 Neglected Child Reporting Act and Section 35.5 of this Act.
7 The Department shall take whatever steps are necessary to
8 assure that a person making a report in good faith under this
9 Section is not adversely affected solely on the basis of
10 having made such report.
11 (Source: P.A. 88-7; 88-491.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.