State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

91_HB4348eng

 
HB4348 Engrossed                              LRB9112359LDdvA

 1        AN ACT in relation to child safety, amending named Acts.

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

 4        Section 500.  The Children and  Family  Services  Act  is
 5    amended by changing Sections 5 and 35.1 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
 
HB4348 Engrossed            -3-               LRB9112359LDdvA
 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
 
HB4348 Engrossed            -4-               LRB9112359LDdvA
 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
 
HB4348 Engrossed            -5-               LRB9112359LDdvA
 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;
 
HB4348 Engrossed            -6-               LRB9112359LDdvA
 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
 
HB4348 Engrossed            -7-               LRB9112359LDdvA
 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
 
HB4348 Engrossed            -8-               LRB9112359LDdvA
 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
 
HB4348 Engrossed            -9-               LRB9112359LDdvA
 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;
 
HB4348 Engrossed            -10-              LRB9112359LDdvA
 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
 
HB4348 Engrossed            -11-              LRB9112359LDdvA
 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
 
HB4348 Engrossed            -12-              LRB9112359LDdvA
 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,  unless the child is a ward who was placed under
15    the care of the Department before being subject to  placement
16    in   a   correctional  facility  and  a  court  of  competent
17    jurisdiction has ordered placement of the child in  a  secure
18    care facility.
19        (n)  The  Department may place children under 18 years of
20    age in licensed child care facilities when in the opinion  of
21    the   Department,   appropriate   services  aimed  at  family
22    preservation have been unsuccessful  and  cannot  ensure  the
23    child's  health  and  safety  or  are  unavailable  and  such
24    placement  would  be  for  their  best interest.  Payment for
25    board, clothing, care, training and supervision of any  child
26    placed  in  a licensed child care facility may be made by the
27    Department, by the parents or guardians  of  the  estates  of
28    those  children, or by both the Department and the parents or
29    guardians, except that no  payments  shall  be  made  by  the
30    Department  for  any  child  placed  in a licensed child care
31    facility for board, clothing, care, training and  supervision
32    of  such  a  child that exceed the average per capita cost of
33    maintaining and of caring for a  child  in  institutions  for
34    dependent  or  neglected children operated by the Department.
 
HB4348 Engrossed            -13-              LRB9112359LDdvA
 1    However, such restriction on payments does not apply in cases
 2    where children require specialized  care  and  treatment  for
 3    problems    of   severe   emotional   disturbance,   physical
 4    disability, social adjustment, or any combination thereof and
 5    suitable facilities for the placement of  such  children  are
 6    not  available  at  payment  rates within the limitations set
 7    forth  in  this  Section.  All  reimbursements  for  services
 8    delivered shall  be  absolutely  inalienable  by  assignment,
 9    sale, attachment, garnishment or otherwise.
10        (o)  The  Department  shall  establish  an administrative
11    review and appeal  process  for  children  and  families  who
12    request   or   receive   child   welfare  services  from  the
13    Department.  Children who are wards of the Department and are
14    placed by private child welfare agencies, and foster families
15    with whom those children are placed, shall  be  afforded  the
16    same procedural and appeal rights as children and families in
17    the  case of placement by the Department, including the right
18    to an  initial review of a private agency  decision  by  that
19    agency.   The  Department shall insure that any private child
20    welfare agency, which accepts wards  of  the  Department  for
21    placement,  affords  those  rights  to  children  and  foster
22    families.   The  Department  shall  accept for administrative
23    review and an appeal hearing a complaint made by (i) a  child
24    or  foster  family concerning a decision following an initial
25    review  by  a  private  child  welfare  agency  or   (ii)   a
26    prospective  adoptive  parent  who  alleges  a  violation  of
27    subsection  (j-5)  of  this Section.  An appeal of a decision
28    concerning a change in the placement  of  a  child  shall  be
29    conducted in an expedited manner.
30        (p)  There  is  hereby created the Department of Children
31    and Family Services Emergency Assistance Fund from which  the
32    Department   may  provide  special  financial  assistance  to
33    families which are in economic crisis when such assistance is
34    not available through other public or private sources and the
 
HB4348 Engrossed            -14-              LRB9112359LDdvA
 1    assistance is deemed necessary to prevent dissolution of  the
 2    family  unit or to reunite families which have been separated
 3    due  to  child  abuse  and  neglect.   The  Department  shall
 4    establish administrative rules specifying  the  criteria  for
 5    determining  eligibility  for  and  the  amount and nature of
 6    assistance to be provided.  The  Department  may  also  enter
 7    into  written  agreements  with  private  and  public  social
 8    service  agencies  to provide emergency financial services to
 9    families  referred  by  the  Department.  Special   financial
10    assistance  payments  shall  be available to a family no more
11    than once during each fiscal year and the total payments to a
12    family may not exceed $500 during a fiscal year.
13        (q)  The  Department  may  receive  and  use,  in   their
14    entirety,  for  the benefit of children any gift, donation or
15    bequest of money or  other  property  which  is  received  on
16    behalf  of  such children, or any financial benefits to which
17    such children are or may  become  entitled  while  under  the
18    jurisdiction or care of the Department.
19        The  Department  shall  set  up  and  administer no-cost,
20    interest-bearing savings accounts  in  appropriate  financial
21    institutions  ("individual  accounts")  for children for whom
22    the Department is  legally  responsible  and  who  have  been
23    determined  eligible  for Veterans' Benefits, Social Security
24    benefits, assistance allotments from the armed forces,  court
25    ordered  payments,  parental voluntary payments, Supplemental
26    Security Income, Railroad  Retirement  payments,  Black  Lung
27    benefits,  or  other miscellaneous payments.  Interest earned
28    by each individual account shall be credited to the  account,
29    unless disbursed in accordance with this subsection.
30        In  disbursing funds from children's individual accounts,
31    the Department shall:
32             (1)  Establish standards in  accordance  with  State
33        and  federal  laws  for  disbursing money from children's
34        individual   accounts.    In   all   circumstances,   the
 
HB4348 Engrossed            -15-              LRB9112359LDdvA
 1        Department's "Guardianship Administrator" or his  or  her
 2        designee   must  approve  disbursements  from  children's
 3        individual accounts.  The Department shall be responsible
 4        for keeping complete records  of  all  disbursements  for
 5        each individual account for any purpose.
 6             (2)  Calculate  on  a monthly basis the amounts paid
 7        from State funds for the child's board and care,  medical
 8        care not covered under Medicaid, and social services; and
 9        utilize  funds  from  the  child's individual account, as
10        covered  by  regulation,  to   reimburse   those   costs.
11        Monthly,  disbursements  from  all  children's individual
12        accounts, up to 1/12 of $13,000,000, shall  be  deposited
13        by  the  Department into the General Revenue Fund and the
14        balance over 1/12 of $13,000,000 into the DCFS Children's
15        Services Fund.
16             (3)  Maintain   any    balance    remaining    after
17        reimbursing  for  the child's costs of care, as specified
18        in item (2). The balance shall accumulate  in  accordance
19        with  relevant  State  and  federal  laws  and  shall  be
20        disbursed  to the child or his or her guardian, or to the
21        issuing agency.
22        (r)  The   Department   shall   promulgate    regulations
23    encouraging  all  adoption agencies to voluntarily forward to
24    the Department or  its  agent  names  and  addresses  of  all
25    persons  who  have  applied  for  and  have been approved for
26    adoption of a hard-to-place  or  handicapped  child  and  the
27    names of such children who have not been placed for adoption.
28    A list of such names and addresses shall be maintained by the
29    Department  or  its agent, and coded lists which maintain the
30    confidentiality of the person seeking to adopt the child  and
31    of  the  child  shall  be  made available, without charge, to
32    every adoption agency in the State to assist the agencies  in
33    placing  such  children  for  adoption.  The  Department  may
34    delegate  to an agent its duty to maintain and make available
 
HB4348 Engrossed            -16-              LRB9112359LDdvA
 1    such lists.  The Department  shall  ensure  that  such  agent
 2    maintains  the confidentiality of the person seeking to adopt
 3    the child and of the child.
 4        (s)  The Department of Children and Family  Services  may
 5    establish and implement a program to reimburse Department and
 6    private  child  welfare agency foster parents licensed by the
 7    Department  of  Children  and  Family  Services  for  damages
 8    sustained by the foster parents as a result of the  malicious
 9    or  negligent  acts  of foster children, as well as providing
10    third party coverage for such foster parents with  regard  to
11    actions  of  foster  children  to  other  individuals.   Such
12    coverage  will  be  secondary  to the foster parent liability
13    insurance policy, if applicable.  The program shall be funded
14    through  appropriations  from  the  General   Revenue   Fund,
15    specifically designated for such purposes.
16        (t)  The   Department  shall  perform  home  studies  and
17    investigations and shall exercise supervision over visitation
18    as ordered by a court pursuant to the Illinois  Marriage  and
19    Dissolution of Marriage Act or the Adoption Act only if:
20             (1)  an   order   entered   by   an  Illinois  court
21        specifically  directs  the  Department  to  perform  such
22        services; and
23             (2)  the court  has  ordered  one  or  both  of  the
24        parties to the proceeding to reimburse the Department for
25        its  reasonable  costs  for  providing  such  services in
26        accordance with Department rules, or has determined  that
27        neither party is financially able to pay.
28        The  Department shall provide written notification to the
29    court of the specific arrangements for supervised  visitation
30    and  projected  monthly  costs  within  60  days of the court
31    order. The Department shall send  to  the  court  information
32    related to the costs incurred except in cases where the court
33    has determined the parties are financially unable to pay. The
34    court may order additional periodic reports as appropriate.
 
HB4348 Engrossed            -17-              LRB9112359LDdvA
 1        (u)  Whenever the Department places a child in a licensed
 2    foster  home,  group  home,  child  care institution, or in a
 3    relative home, the Department shall provide to the caretaker:
 4             (1)  available detailed information  concerning  the
 5        child's   educational   and  health  history,  copies  of
 6        immunization records  (including  insurance  and  medical
 7        card  information),  a  history  of  the child's previous
 8        placements, if any, and  reasons  for  placement  changes
 9        excluding  any information that identifies or reveals the
10        location of any previous caretaker;
11             (2)  a copy of the child's  portion  of  the  client
12        service  plan,  including any visitation arrangement, and
13        all amendments or revisions  to  it  as  related  to  the
14        child; and
15             (3)  information  containing  details of the child's
16        individualized  educational  plan  when  the   child   is
17        receiving special education services.
18        The  caretaker  shall  be informed of any known social or
19    behavioral  information  (including,  but  not  limited   to,
20    criminal  background,  fire  setting,  perpetuation of sexual
21    abuse, destructive behavior, and substance  abuse)  necessary
22    to care for and safeguard the child.
23        (u-5)  Effective   July   1,   1995,   only  foster  care
24    placements licensed as foster family homes  pursuant  to  the
25    Child  Care  Act  of 1969 shall be eligible to receive foster
26    care payments from the Department. Relative  caregivers  who,
27    as  of  July  1,  1995,  were  approved  pursuant to approved
28    relative  placement  rules  previously  promulgated  by   the
29    Department  at  89  Ill.  Adm.  Code 335 and had submitted an
30    application  for  licensure  as  a  foster  family  home  may
31    continue to receive  foster  care  payments  only  until  the
32    Department  determines  that they may be licensed as a foster
33    family home or that their application for licensure is denied
34    or until September 30, 1995, whichever occurs first.
 
HB4348 Engrossed            -18-              LRB9112359LDdvA
 1        (v)  The Department shall access criminal history  record
 2    information  as  defined  in  the Illinois Uniform Conviction
 3    Information   Act   and   information   maintained   in   the
 4    adjudicatory and dispositional record system  as  defined  in
 5    Section  2605-355  of  the Department of State Police Law (20
 6    ILCS  2605/2605-355)  if  the   Department   determines   the
 7    information  is  necessary  to  perform  its duties under the
 8    Abused and Neglected Child Reporting Act, the Child Care  Act
 9    of  1969,  and  the  Children  and  Family Services Act.  The
10    Department  shall  provide   for   interactive   computerized
11    communication  and  processing  equipment that permits direct
12    on-line communication with the Department of  State  Police's
13    central  criminal  history  data  repository.  The Department
14    shall comply with all certification requirements and  provide
15    certified  operators  who have been trained by personnel from
16    the Department of State Police.  In addition, one  Office  of
17    the Inspector General investigator shall have training in the
18    use  of  the  criminal  history information access system and
19    have access to the terminal.  The Department of Children  and
20    Family  Services  and  its employees shall abide by rules and
21    regulations established by the  Department  of  State  Police
22    relating to the access and dissemination of this information.
23        (w)  Within  120  days  of August 20, 1995 (the effective
24    date of Public Act 89-392), the Department shall prepare  and
25    submit  to  the  Governor and the General Assembly, a written
26    plan for the development of in-state  licensed  secure  child
27    care  facilities  that  care  for children who are in need of
28    secure living arrangements  for  their  health,  safety,  and
29    well-being.   For  purposes  of  this subsection, secure care
30    facility shall mean a facility that is designed and  operated
31    to  ensure  that all entrances and exits from the facility, a
32    building or a distinct part of the building,  are  under  the
33    exclusive  control  of  the staff of the facility, whether or
34    not  the  child  has  the  freedom  of  movement  within  the
 
HB4348 Engrossed            -19-              LRB9112359LDdvA
 1    perimeter of the facility, building, or distinct part of  the
 2    building.   The  plan shall include descriptions of the types
 3    of facilities that  are  needed  in  Illinois;  the  cost  of
 4    developing these secure care facilities; the estimated number
 5    of  placements; the potential cost savings resulting from the
 6    movement of children currently out-of-state who are projected
 7    to  be  returned  to  Illinois;  the   necessary   geographic
 8    distribution  of these facilities in Illinois; and a proposed
 9    timetable for development of such facilities.
10    (Source: P.A. 90-11, eff. 1-1-98; 90-27, eff. 1-1-98;  90-28,
11    eff.  1-1-98;  90-362,  eff.  1-1-98;  90-590,  eff.  1-1-99;
12    90-608,  eff.  6-30-98;  90-655,  eff.  7-30-98; 91-239, eff.
13    1-1-00; 91-357, eff. 7-29-99; revised 8-6-99.)

14        (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
15        Sec. 35.1.  The case and clinical records of patients  in
16    Department  supervised  facilities,  wards of the Department,
17    children receiving or applying for  child  welfare  services,
18    persons  receiving  or  applying  for  other  services of the
19    Department, and Department reports  of  injury  or  abuse  to
20    children  shall not be open to the general public.  Such case
21    and clinical records and reports or the information contained
22    therein shall be disclosed by the Director of the  Department
23    to  juvenile  authorities when necessary for the discharge of
24    their official duties who request information concerning  the
25    minor  and  who  certify in writing that the information will
26    not be disclosed to any other party except as provided  under
27    law  or  order  of  court.   For  purposes  of  this Section,
28    "juvenile authorities" means: (i)  a  judge  of  the  circuit
29    court and members of the staff of the court designated by the
30    judge;  (ii)  parties  to  the proceedings under the Juvenile
31    Court Act  of  1987  and  their  attorneys;  (iii)  probation
32    officers  and  court  appointed  advocates  for  the juvenile
33    authorized  by  the  judge  hearing  the  case;    (iv)   any
 
HB4348 Engrossed            -20-              LRB9112359LDdvA
 1    individual,  public  or  private agency having custody of the
 2    child pursuant to court order; (v) any individual, public  or
 3    private  agency providing education, medical or mental health
 4    service to the child when the requested information is needed
 5    to determine the appropriate service  or  treatment  for  the
 6    minor;  (vi)  any  potential  placement  provider  when  such
 7    release is authorized by the court for the limited purpose of
 8    determining  the  appropriateness of the potential placement;
 9    (vii) law enforcement officers and prosecutors; (viii)  adult
10    and juvenile prisoner review boards; (ix) authorized military
11    personnel;  (x)  individuals  authorized  by  court; (xi) the
12    Illinois General Assembly  or  any  committee  or  commission
13    thereof.   This  Section  does  not apply to the Department's
14    fiscal records, other  records  of  a  purely  administrative
15    nature,  or any forms, documents or other records required of
16    facilities subject to licensure by the Department  except  as
17    may otherwise be provided under the Child Care Act of 1969.
18        Nothing  contained  in  this  Act prevents the sharing or
19    disclosure of information or records relating  or  pertaining
20    to  juveniles  subject  to  the  provisions  of  the  Serious
21    Habitual  Offender  Comprehensive  Action  Program  when that
22    information is used to assist in the early identification and
23    treatment of habitual juvenile offenders.
24        Nothing contained in this Act  prevents  the  sharing  or
25    disclosure  of  information or records relating or pertaining
26    to the death of a  minor  under  the  care  of  or  receiving
27    services  from  the  Department and under the jurisdiction of
28    the juvenile court  with  the  juvenile  court,  the  State's
29    Attorney, and the minor's attorney.
30        Nothing  contained  in this Section prohibits or prevents
31    any individual dealing with or providing services to a  minor
32    from sharing information with another individual dealing with
33    or   providing  services  to  a  minor  for  the  purpose  of
34    coordinating efforts on behalf of the minor.  The sharing  of
 
HB4348 Engrossed            -21-              LRB9112359LDdvA
 1    such information is only for the purpose stated herein and is
 2    to   be  consistent  with  the  intent  and  purpose  of  the
 3    confidentiality provisions of the Juvenile Court Act of 1987.
 4    This provision does not abrogate  any  recognized  privilege.
 5    Sharing  information  does  not  include  copying of records,
 6    reports or case files unless authorized herein.
 7        Nothing  in  this  Section  prohibits  or  prevents   the
 8    re-disclosure  of records, reports, or other information that
 9    reveals  malfeasance  or  nonfeasance  on  the  part  of  the
10    Department, its employees, or its agents.   Nothing  in  this
11    Section  prohibits or prevents the Department or a party in a
12    proceeding under the Juvenile Court Act of 1987 from  copying
13    records,  reports,  or  case files for the purpose of sharing
14    those documents with other parties to the litigation.
15    (Source: P.A. 90-15, eff. 6-13-97; 90-590, eff. 1-1-00.)

16        Section 505.  The Child Death Review Team Act is  amended
17    by changing Section 25 as follows:

18        (20 ILCS 515/25)
19        Sec. 25.  Team access to information.
20        (a)  The Department shall provide to a child death review
21    team, on the request of the team chairperson, all records and
22    information  in the Department's possession that are relevant
23    to the team's review of a child death, including records  and
24    information  concerning previous reports or investigations of
25    suspected child abuse or neglect.
26        (b)  A child death review team shall have access  to  all
27    records  and  information that are relevant to its the team's
28    review of a child death and in the possession of a  State  or
29    local  governmental  agency.   These  records and information
30    include, without limitation, birth certificates, all relevant
31    medical and mental health records, records of law enforcement
32    agency investigations, records of coroner or medical examiner
 
HB4348 Engrossed            -22-              LRB9112359LDdvA
 1    investigations, records  of  the  Department  of  Corrections
 2    concerning  a  person's  parole,  records  of a probation and
 3    court services department, and records of a  social  services
 4    agency  that  provided  services  to the child or the child's
 5    family.
 6    (Source: P.A. 88-614, eff. 9-7-94.)

 7        Section 510.  The Abused and  Neglected  Child  Reporting
 8    Act is amended by changing Section 7.21 as follows:

 9        (325 ILCS 5/7.21)
10        Sec. 7.21.  Multidisciplinary Review Committee.
11        (a)  The   Department   may  establish  multidisciplinary
12    review committees in each region of the State to assure  that
13    mandated   reporters  have  the  ability  to  have  a  review
14    conducted on any situation where a  child  abuse  or  neglect
15    report  made  by them was "unfounded", and they have concerns
16    about the adequacy of  the  investigation.  These  committees
17    shall draw upon the expertise of the Child Death Review Teams
18    as   necessary  and  practicable.   Each  committee  will  be
19    composed of the following:  a  health  care  professional,  a
20    Department  employee,  a law enforcement official, a licensed
21    social worker, and a representative of the State's attorney's
22    office.   In  appointing  members  of  a  committee,  primary
23    consideration shall be given to a prospective member's  prior
24    experience  in dealing with cases of suspected child abuse or
25    neglect.
26        (b)  Whenever the Department determines that  a  reported
27    incident  of  child abuse or neglect from a mandated reporter
28    is "unfounded", the mandated reporter may request a review of
29    the investigation within 10 days of the notification  of  the
30    final  finding.   Whenever  the  Department determines that a
31    reported incident of child abuse or neglect from  a  mandated
32    reporter  or  any  other reporter is "unfounded", the minor's
 
HB4348 Engrossed            -23-              LRB9112359LDdvA
 1    guardian ad litem appointed under the Juvenile Court  Act  of
 2    1987 may request a review of the investigation within 10 days
 3    of  the  notification  of the final finding if the subject of
 4    the report is also the minor for whom the guardian  ad  litem
 5    has   been   appointed.   The  review  of  the  investigation
 6    requested by the guardian ad litem may be conducted by    the
 7    Regional Child Protection Manager.
 8        A  This review under this subsection will be conducted by
 9    the committee, except those requests for review that are made
10    by the guardian  ad litem, which shall be  conducted  by  the
11    Regional  Child Protection Manager. The Department shall make
12    available  to  the   committee   all   information   in   the
13    Department's  possession  concerning the case.  The committee
14    shall make  recommendations  to  the  Department  as  to  the
15    adequacy  of  the  investigation  and  of the accuracy of the
16    final  finding  determination.   These  findings   shall   be
17    forwarded to the Regional Child Protection Manager.
18        (c)  The  Department  shall  provide  complete records of
19    these investigations to the committee.  Records  provided  to
20    the  committee  and  recommendation  reports generated by the
21    committee shall not be public record.
22        (c-5) On or before October 1 of each year, the Department
23    shall prepare a  report  setting  forth  (i)  the  number  of
24    investigations reviewed by each committee during the previous
25    fiscal  year and (ii) the number of those investigations that
26    the committee found to be inadequate.  The report shall  also
27    include  a  summary of the committee's comments and a summary
28    of the corrective action, if any, that was taken in  response
29    to  the  committee's  recommendations.  The report shall be a
30    public record.  The Department shall submit the report to the
31    General Assembly and shall make the report available  to  the
32    public upon request.
33        (d)  The  Department  shall adopt rules to implement this
34    Section.
 
HB4348 Engrossed            -24-              LRB9112359LDdvA
 1    (Source: P.A. 89-269, eff. 1-1-96; 90-239, eff. 7-28-97.)

 2        Section 515.  The Criminal Code of  1961  is  amended  by
 3    changing  Sections  11-9.3  and  12-21.6  and  adding Section
 4    11-9.5 as follows:

 5        (720 ILCS 5/11-9.3)
 6        Sec. 11-9.3.  Presence within school zone  by  child  sex
 7    offenders prohibited.
 8        (a)  It is unlawful for a child sex offender to knowingly
 9    be   present   in  any  school  building,  on  real  property
10    comprising any school, or in any conveyance owned, leased, or
11    contracted by a school  to  transport  students  to  or  from
12    school  or  a  school related activity when persons under the
13    age of 18 are present in the building, on the grounds  or  in
14    the  conveyance,  unless the offender is a parent or guardian
15    of a student present in the building, on the  grounds  or  in
16    the  conveyance  or  unless the offender has permission to be
17    present from the superintendent or the school board or in the
18    case of a private school from the principal.  In the case  of
19    a public school, if permission is granted, the superintendent
20    or  school  board  president must inform the principal of the
21    school where the sex offender will be present.   Notification
22    includes the nature of the sex offender's visit and the hours
23    in which the sex offender will be present in the school.  The
24    sex  offender  is  responsible  for notifying the principal's
25    office when he or she arrives on school property and when  he
26    or  she departs from school property.  If the sex offender is
27    to be present in the vicinity of children, the  sex  offender
28    has  the  duty  to  remain  under the direct supervision of a
29    school official.  A child  sex  offender  who  violates  this
30    provision is guilty of a Class 4 felony.
31             (1)  (Blank; or)
32             (2)  (Blank.)
 
HB4348 Engrossed            -25-              LRB9112359LDdvA
 1        (b)  It is unlawful for a child sex offender to knowingly
 2    loiter  on  a  public  way  within 1,500 500 feet of a school
 3    building or real property comprising any school while persons
 4    under the age of 18 are present in the  building  or  on  the
 5    grounds,  unless  the  offender  is a parent or guardian of a
 6    student present in the building or  on  the  grounds  or  has
 7    permission  to  be  present  from  the  superintendent or the
 8    school board or in the case of  a  private  school  from  the
 9    principal.   In the case of a public school, if permission is
10    granted, the superintendent or school  board  president  must
11    inform  the  principal  of  the school where the sex offender
12    will be present.  Notification includes the nature of the sex
13    offender's visit and the hours in which the sex offender will
14    be present in the school.  The sex  offender  is  responsible
15    for  notifying  the principal's office when he or she arrives
16    on school property and when he or  she  departs  from  school
17    property.   If  the  sex  offender  is  to  be present in the
18    vicinity of children, the sex offender has the duty to remain
19    under the direct supervision of a school official.   A  child
20    sex offender who violates this provision is guilty of a Class
21    4 felony.
22             (1)  (Blank; or)
23             (2)  (Blank.)
24        (c)  Definitions.  In this Section:
25             (1)  "Child sex offender" means any person who:
26                  (i)  has  been  charged  under Illinois law, or
27             any substantially similar  federal  law  or  law  of
28             another  state,  with  a  sex  offense  set forth in
29             paragraph (2) of this subsection (c) or the  attempt
30             to commit an included sex offense, and:
31                       (A)  is  convicted  of  such offense or an
32                  attempt to commit such offense; or
33                       (B)  is found  not  guilty  by  reason  of
34                  insanity  of  such  offense  or  an  attempt to
 
HB4348 Engrossed            -26-              LRB9112359LDdvA
 1                  commit such offense; or
 2                       (C)  is found  not  guilty  by  reason  of
 3                  insanity  pursuant to subsection (c) of Section
 4                  104-25 of the Code  of  Criminal  Procedure  of
 5                  1963  of  such  offense or an attempt to commit
 6                  such offense; or
 7                       (D)  is  the  subject  of  a  finding  not
 8                  resulting  in  an  acquittal   at   a   hearing
 9                  conducted pursuant to subsection (a) of Section
10                  104-25  of  the  Code  of Criminal Procedure of
11                  1963 for the alleged  commission  or  attempted
12                  commission of such offense; or
13                       (E)  is  found  not  guilty  by  reason of
14                  insanity following a hearing conducted pursuant
15                  to a federal law or the law  of  another  state
16                  substantially  similar  to  subsection  (c)  of
17                  Section   104-25   of   the  Code  of  Criminal
18                  Procedure of 1963 of such  offense  or  of  the
19                  attempted commission of such offense; or
20                       (F)  is  the  subject  of  a  finding  not
21                  resulting   in   an   acquittal  at  a  hearing
22                  conducted pursuant to a federal law or the  law
23                  of   another  state  substantially  similar  to
24                  subsection (a) of Section 104-25 of the Code of
25                  Criminal Procedure  of  1963  for  the  alleged
26                  violation   or  attempted  commission  of  such
27                  offense; or
28                  (ii)  is  certified  as  a  sexually  dangerous
29             person pursuant to the Illinois  Sexually  Dangerous
30             Persons  Act,  or  any substantially similar federal
31             law or the law of another state,  when  any  conduct
32             giving  rise  to  such certification is committed or
33             attempted against a person less  than  18  years  of
34             age; or
 
HB4348 Engrossed            -27-              LRB9112359LDdvA
 1                  (iii)  is  subject to the provisions of Section
 2             2 of the Interstate Agreements on Sexually Dangerous
 3             Persons Act.
 4             Convictions that result from or are  connected  with
 5        the  same  act,  or result from offenses committed at the
 6        same time, shall be  counted  for  the  purpose  of  this
 7        Section  as  one  conviction.   Any  conviction set aside
 8        pursuant to law is not a conviction for purposes of  this
 9        Section.
10             (2)  As used in this Section, "sex offense" means:
11                  (i)  A   violation  of  any  of  the  following
12             Sections of the Criminal Code of 1961: 10-7  (aiding
13             and   abetting   child   abduction   under   Section
14             10-5(b)(10)),   10-5(b)(10)   (child  luring),  11-6
15             (indecent solicitation of a child), 11-6.5 (indecent
16             solicitation of an adult),  11-9  (public  indecency
17             when  committed  in  a  school, on the real property
18             comprising a school,  or  on  a  conveyance,  owned,
19             leased,  or  contracted  by  a  school  to transport
20             students to or  from  school  or  a  school  related
21             activity),  11-9.1 (sexual exploitation of a child),
22             11-15.1  (soliciting  for  a  juvenile  prostitute),
23             11-17.1 (keeping a place of juvenile  prostitution),
24             11-18.1 (patronizing a juvenile prostitute), 11-19.1
25             (juvenile   pimping),  11-19.2  (exploitation  of  a
26             child), 11-20.1 (child pornography), 11-21  (harmful
27             material),   12-14.1   (predatory   criminal  sexual
28             assault of a child), 12-33 (ritualized  abuse  of  a
29             child),  11-20  (obscenity)  (when  that offense was
30             committed in any school, on real property comprising
31             any school, in  any  conveyance  owned,  leased,  or
32             contracted  by  a school to transport students to or
33             from school  or  a  school  related  activity).   An
34             attempt to commit any of these offenses.
 
HB4348 Engrossed            -28-              LRB9112359LDdvA
 1                  (ii)  A  violation  of  any  of  the  following
 2             Sections  of  the  Criminal  Code  of 1961, when the
 3             victim is a person under  18  years  of  age:  12-13
 4             (criminal   sexual   assault),   12-14   (aggravated
 5             criminal  sexual  assault),  12-15  (criminal sexual
 6             abuse), 12-16 (aggravated  criminal  sexual  abuse).
 7             An attempt to commit any of these offenses.
 8                  (iii)  A  violation  of  any  of  the following
 9             Sections of the Criminal  Code  of  1961,  when  the
10             victim  is  a  person  under 18 years of age and the
11             defendant is not a parent of the victim:
12                  10-1 (kidnapping),
13                  10-2 (aggravated kidnapping),
14                  10-3 (unlawful restraint),
15                  10-3.1 (aggravated unlawful restraint).
16                  An attempt to commit any of these offenses.
17                  (iv)  A violation of any  former  law  of  this
18             State substantially equivalent to any offense listed
19             in clause (2)(i) of subsection (c) of this Section.
20             (3)  A  conviction  for an offense of federal law or
21        the law of another state that is substantially equivalent
22        to any offense listed in paragraph (2) of subsection  (c)
23        of  this  Section  shall  constitute a conviction for the
24        purpose of this Article.  A finding or adjudication as  a
25        sexually dangerous person under any federal law or law of
26        another  state  that  is  substantially equivalent to the
27        Sexually  Dangerous  Persons  Act  shall  constitute   an
28        adjudication for the purposes of this Section.
29             (4)  As  used  in  this  Section,  "school"  means a
30        public or private pre-school,  elementary,  or  secondary
31        school.
32             (5)  As used in this Section, "loiter" means:
33                  (i)  Standing, sitting idly, whether or not the
34             person  is  in  a  vehicle or remaining in or around
 
HB4348 Engrossed            -29-              LRB9112359LDdvA
 1             school property.
 2                  (ii)  Standing, sitting idly,  whether  or  not
 3             the person is in a vehicle or remaining in or around
 4             school  property,  for  the purpose of committing or
 5             attempting to commit a sex offense.
 6             (6)  As used  in  this  Section,  "school  official"
 7        means  the  principal,  a teacher, or any other certified
 8        employee of the school, the superintendent of schools  or
 9        a member of the school board.
10        (d)  Sentence.   A  person  who  violates this Section is
11    guilty of a Class 4 felony.
12    (Source: P.A. 90-234,  eff.  1-1-98;  90-655,  eff.  7-30-98;
13    91-356, eff. 1-1-00.)

14        (720 ILCS 5/11-9.5 new)
15        Sec.  11-9.5.   Presence  within 1,500 feet of child care
16    facility by child sex offenders prohibited.
17        (a)  It is unlawful for a child sex offender to knowingly
18    be present in any  child  care  facility,  on  real  property
19    comprising any child care facility, or within 1,500 feet of a
20    child  care  facility or the real property comprising a child
21    care facility.
22        (b)  Definitions.  In this Section:
23             (1)  "Child sex offender" means any person  who  was
24        at least 17 years of age at the time of the commission of
25        the  offense, who is not a current ward of the Department
26        of Children and Family Services, and who:
27                  (i)  has been charged under  Illinois  law,  or
28             any  substantially  similar  federal  law  or law of
29             another state, with  a  sex  offense  set  forth  in
30             paragraph  (2) of this subsection (b) or the attempt
31             to commit an included sex offense, and:
32                       (A)  is convicted of that  offense  or  an
33                  attempt to commit that offense; or
 
HB4348 Engrossed            -30-              LRB9112359LDdvA
 1                       (B)  is  found  not  guilty  by  reason of
 2                  insanity of  that  offense  or  an  attempt  to
 3                  commit that offense; or
 4                       (C)  is  found  not  guilty  by  reason of
 5                  insanity under subsection (c) of Section 104-25
 6                  of the Code of Criminal Procedure  of  1963  of
 7                  that  offense  or  an  attempt  to  commit that
 8                  offense; or
 9                       (D)  is  the  subject  of  a  finding  not
10                  resulting  in  an  acquittal   at   a   hearing
11                  conducted   under  subsection  (a)  of  Section
12                  104-25 of the Code  of  Criminal  Procedure  of
13                  1963  for  the  alleged commission or attempted
14                  commission of that offense; or
15                       (E)  is found  not  guilty  by  reason  of
16                  insanity  following a hearing conducted under a
17                  federal  law  or  the  law  of  another   state
18                  substantially  similar  to  subsection  (c)  of
19                  Section   104-25   of   the  Code  of  Criminal
20                  Procedure of 1963 of that  offense  or  of  the
21                  attempted commission of that offense; or
22                       (F)  is  the  subject  of  a  finding  not
23                  resulting   in   an   acquittal  at  a  hearing
24                  conducted under a federal law  or  the  law  of
25                  another    state   substantially   similar   to
26                  subsection (a) of Section 104-25 of the Code of
27                  Criminal Procedure  of  1963  for  the  alleged
28                  violation   or  attempted  commission  of  that
29                  offense; or
30                  (ii)  is  certified  as  a  sexually  dangerous
31             person under the Illinois Sexually Dangerous Persons
32             Act, or any substantially similar federal law or the
33             law of another state, when any conduct  giving  rise
34             to  the  certification  is  committed  or  attempted
 
HB4348 Engrossed            -31-              LRB9112359LDdvA
 1             against a person less than 18 years of age; or
 2                  (iii)  is  subject to the provisions of Section
 3             2 of the Interstate Agreements on Sexually Dangerous
 4             Persons Act.
 5        Convictions that result from or are  connected  with  the
 6    same act, or result from offenses committed at the same time,
 7    must  be  counted  for  the  purpose  of  this Section as one
 8    conviction.  Any conviction set aside  under  law  is  not  a
 9    conviction for purposes of this Section.
10             (2)  "Sex offense" means:
11                  (i)  A   violation  of  any  of  the  following
12             Sections of the Criminal Code of 1961: 10-7  (aiding
13             and   abetting   child   abduction   under   Section
14             10-5(b)(10)),   10-5(b)(10)   (child  luring),  11-6
15             (indecent solicitation of a child), 11-6.5 (indecent
16             solicitation of an adult),  11-9  (public  indecency
17             when  committed  in  a  school, on the real property
18             comprising a school,  or  on  a  conveyance,  owned,
19             leased,  or  contracted  by  a  school  to transport
20             students to or  from  school  or  a  school  related
21             activity),  11-9.1 (sexual exploitation of a child),
22             11-15.1  (soliciting  for  a  juvenile  prostitute),
23             11-17.1 (keeping a place of juvenile  prostitution),
24             11-18.1 (patronizing a juvenile prostitute), 11-19.1
25             (juvenile   pimping),  11-19.2  (exploitation  of  a
26             child), 11-20.1 (child pornography), 11-21  (harmful
27             material),   12-14.1   (predatory   criminal  sexual
28             assault of a child), 12-33 (ritualized  abuse  of  a
29             child),  11-20  (obscenity)  (when  that offense was
30             committed in any school, on real property comprising
31             any school, in  any  conveyance  owned,  leased,  or
32             contracted  by  a school to transport students to or
33             from school  or  a  school  related  activity).   An
34             attempt to commit any of these offenses.
 
HB4348 Engrossed            -32-              LRB9112359LDdvA
 1                  (ii)  A  violation  of  any  of  the  following
 2             Sections  of  the  Criminal  Code  of 1961, when the
 3             victim is a person under  18  years  of  age:  12-13
 4             (criminal   sexual   assault),   12-14   (aggravated
 5             criminal  sexual  assault),  12-15  (criminal sexual
 6             abuse), 12-16 (aggravated  criminal  sexual  abuse).
 7             An attempt to commit any of these offenses.
 8                  (iii)  A  violation  of  any former law of this
 9             State substantially equivalent to any offense listed
10             in clause (2)(i) of this subsection (b).
11                  (iv)  A  felony  violation  of   any   of   the
12             following  Sections  of  the  Criminal Code of 1961,
13             when the victim is a person under 18 years  of  age,
14             the defendant is not a parent of the victim, and the
15             offense was committed on or after the effective date
16             of this amendatory Act of the 91st General Assembly:
17                       10-1 (kidnapping),
18                       10-2 (aggravated kidnapping),
19                       10-3 (unlawful restraint),
20                       10-3.1 (aggravated unlawful restraint).
21                       An   attempt   to   commit  any  of  these
22                  offenses.
23                  (v)  First degree murder under Section  9-1  of
24             the  Criminal  Code  of  1961, when the victim was a
25             person under 18 years of age, the defendant  was  at
26             least  17 years of age at the time of the commission
27             of the offense, and the offense was committed on  or
28             after  the  effective date of this amendatory Act of
29             the 91st General Assembly.
30             (3)  A conviction for an offense of federal  law  or
31        the law of another state that is substantially equivalent
32        to any offense listed in paragraph (2) of this subsection
33        (b) shall constitute a conviction for the purpose of this
34        Section.    A  finding  or  adjudication  as  a  sexually
 
HB4348 Engrossed            -33-              LRB9112359LDdvA
 1        dangerous person under any federal law or law of  another
 2        state  that  is  substantially equivalent to the Sexually
 3        Dangerous Persons Act constitutes an adjudication for the
 4        purposes of this Section.
 5             (4)  "Child  care   facility"   means   a   facility
 6        described  in  Section 2.05 of the Child Care Act of 1969
 7        that is licensed under that Act.
 8        (c)  Sentence.  A person who  violates  this  Section  is
 9    guilty  of  a  Class  4  felony.   A  person  convicted  of a
10    violation of this Section, in addition to any  other  penalty
11    required  by  law, must be required to serve a minimum period
12    of 7 days confinement in the local county  jail.   The  Court
13    must  impose  a mandatory minimum fine of $500 for failure to
14    comply with this Section.  These fines must be  deposited  in
15    the Sex Offender Registration Fund.
16        (d)  A  child sex offender may apply to the circuit court
17    to obtain a court order permitting his or her presence  in  a
18    child  care facility, on the real property comprising a child
19    care facility, or within 1,500 feet of a child care  facility
20    or the real property comprising a child care facility.

21        (720 ILCS 5/12-21.6)
22        Sec. 12-21.6.  Endangering the life or health of a child.
23        (a)  It  is  unlawful for a any person to willfully cause
24    or permit the life or health of a child under the age  of  18
25    to  be  endangered or to willfully cause or permit a child to
26    be placed in circumstances that endanger the child's life  or
27    health.
28        (b)  A  violation  of  this Section is a Class 4 felony A
29    misdemeanor.   A  second  or  subsequent  violation  of  this
30    Section is a Class 3 felony.  A  violation  of  this  Section
31    that  is  a  proximate  cause  of the death of the child is a
32    Class 3 felony for which a person, if sentenced to a term  of
33    imprisonment, shall be sentenced to a term of not less than 2
 
HB4348 Engrossed            -34-              LRB9112359LDdvA
 1    years and not more than 10 years.
 2    (Source: P.A. 90-687, eff. 7-31-98.)

 3        Section  520.  The Unified Code of Corrections is amended
 4    by changing Section 3-3-7 and adding Article 17 as follows:

 5        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
 6        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
 7    Release. (a) The conditions of parole or mandatory supervised
 8    release shall be such as  the  Prisoner  Review  Board  deems
 9    necessary  to  assist  the  subject  in leading a law-abiding
10    life. The conditions of every parole and mandatory supervised
11    release are that the subject:
12        (1)  not violate any criminal statute of any jurisdiction
13    during the parole or release term; and
14        (2)  refrain from possessing a firearm or other dangerous
15    weapon.
16        (a-5)  In the case of a sex offender as  defined  in  the
17    Sex  Offender  and  Child Murderer Community Notification Law
18    who is registered under the Sex Offender Registration Act  as
19    residing  at  an  address  that  is transitional or temporary
20    housing or is within one-half mile of  a  public  or  private
21    elementary  or  secondary school, a condition of every parole
22    or mandatory supervised release is that the subject report in
23    person to his or her parole officer at least once each  week.
24    The condition imposed under this subsection is in addition to
25    any other conditions imposed by law or by the Board.
26        (b)  The  Board  may  in  addition  to  other  conditions
27    require that the subject:
28        (1)  work  or  pursue  a  course  of  study or vocational
29    training;
30        (2)  undergo  medical  or   psychiatric   treatment,   or
31    treatment for drug addiction or alcoholism;
32        (3)  attend  or  reside in a facility established for the
 
HB4348 Engrossed            -35-              LRB9112359LDdvA
 1    instruction or residence of persons on probation or parole;
 2        (4)  support his dependents;
 3        (5)  report to an agent of the Department of Corrections;
 4        (6)  permit the  agent  to  visit  him  at  his  home  or
 5    elsewhere to the extent necessary to discharge his duties;
 6        (7)  comply  with the terms and conditions of an order of
 7    protection issued pursuant to the Illinois Domestic  Violence
 8    Act of 1986, enacted by the 84th General Assembly.
 9        (8)  and, in addition, if a minor:
10        (i)  reside with his parents or in a foster home;
11        (ii)  attend school;
12        (iii)  attend a non-residential program for youth;
13        (iv)  contribute  to  his  own  support  at  home or in a
14    foster home.
15        (c)  The conditions under which the parole  or  mandatory
16    supervised  release  is to be served shall be communicated to
17    the person in writing prior to his release, and he shall sign
18    the same before release. A signed copy of  these  conditions,
19    including a copy of an order of protection where one had been
20    issued by the criminal court, shall be retained by the person
21    and  another  copy  forwarded to the officer in charge of his
22    supervision.
23        (d)  After a hearing under Section  3-3-9,  the  Prisoner
24    Review   Board may modify or enlarge the conditions of parole
25    or mandatory supervised release.
26        (e)  The Department shall inform all offenders  committed
27    to  the Department of the optional services available to them
28    upon release and shall assist inmates in availing  themselves
29    of  such  optional services upon their release on a voluntary
30    basis.
31    (Source: P.A. 84-1305.)

32        (730 ILCS 5/art. 17 heading new)

33                    ARTICLE 17. PILOT PROGRAM FOR
 
HB4348 Engrossed            -36-              LRB9112359LDdvA
 1                    HIGH-RISK YOUTH PROBATIONERS

 2        (730 ILCS 5/3-17-5 new)
 3        Sec.  3-17-5.   Pilot   program   for   high-risk   youth
 4    probationers.
 5        (a)  The Department of Corrections may establish a 6-year
 6    pilot  program  for selected high-risk youthful offenders who
 7    are placed on probation  by  the  Juvenile  Division  of  the
 8    Department of Corrections.
 9        (b)  A  youthful  offender  who  is  placed  on probation
10    rather than committed  to  the  Juvenile  Division  whom  the
11    Juvenile  Division deems to be at high-risk for defaulting on
12    compliance with probation may be placed in the pilot program.
13    If a probationer is placed  in  the  pilot  program,  a  team
14    composed of one probation officer and 2 police officers shall
15    make unannounced visits to the home, school, and workplace of
16    the probationer between the hours of 3:30 P.M. and 12:00 A.M.
17    The  terms  of  probation  for youthful offenders assigned to
18    this  pilot  program   shall   include   curfew,   geographic
19    restrictions,  and  other  constraints  designed  to keep the
20    probationer  from  re-offending.   Probation  officers   must
21    discuss  substance  abuse  prevention  treatment options with
22    probationers and their families as  well  as  mental  health,
23    educational,  vocational, or other factors that may adversely
24    affect compliance with  probation.   Each  probation  officer
25    assigned to this pilot program shall  have an active caseload
26    of no more than 15 probationers.
27        (c)  If  the Department establishes a pilot program under
28    this Section, it  shall  establish  a  study  concerning  the
29    effects of the pilot program 3 years after the effective date
30    of this amendatory Act and annually thereafter for as long as
31    the program remains in effect.
32    (Source: P.A. 84-1305.)
 
HB4348 Engrossed            -37-              LRB9112359LDdvA
 1        Section  995.   Severability.  The provisions of this Act
 2    are severable under Section 1.31 of the Statute on Statutes.

 3        Section 999.  Effective date.  This Act takes effect upon
 4    becoming law.
 
HB4348 Engrossed            -38-              LRB9112359LDdvA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 505/5             from Ch. 23, par. 5005
 4    20 ILCS 505/35.1          from Ch. 23, par. 5035.1
 5    20 ILCS 515/25
 6    325 ILCS 5/7.21
 7    720 ILCS 5/11-9.3
 8    720 ILCS 5/11-9.5 new
 9    720 ILCS 5/12-21.6
10    730 ILCS 5/3-3-7          from Ch. 38, par. 1003-3-7
11    730 ILCS 5/art. 17 heading new
12    730 ILCS 5/3-17-5 new

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