State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT concerning children.

 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 Section 7 as follows:

 6        (20 ILCS 505/7) (from Ch. 23, par. 5007)
 7        Sec. 7.  Placement of children; considerations.
 8        (a)  In  placing any child under this Act, the Department
 9    shall place such child, as far as possible, in the  care  and
10    custody  of some individual holding the same religious belief
11    as the parents of the child, or with some child care facility
12    which is operated by persons of like religious faith  as  the
13    parents of such child.
14        (b)  In  placing  a  child under this Act, the Department
15    may place a child with  a  relative  if  the  Department  has
16    reason   to  believe  that  the  relative  will  be  able  to
17    adequately provide for the child's safety  and  welfare.  The
18    Department  may  not  place a child with a relative, with the
19    exception of certain circumstances which  may  be  waived  as
20    defined by the Department in rules, if the results of a check
21    of  the Law Enforcement Agency Data System (LEADS) identifies
22    a prior criminal conviction of  the  relative  or  any  adult
23    member  of  the relative's household for any of the following
24    offenses under the Criminal Code of 1961:
25             (1)  murder;
26             (1.1)  solicitation of murder;
27             (1.2)  solicitation of murder for hire;
28             (1.3)  intentional homicide of an unborn child;
29             (1.4)  voluntary manslaughter of an unborn child;
30             (1.5)  involuntary manslaughter;
31             (1.6)  reckless homicide;
                            -2-                LRB9206586TAtm
 1             (1.7)  concealment of a homicidal death;
 2             (1.8)  involuntary manslaughter of an unborn child;
 3             (1.9)  reckless homicide of an unborn child;
 4             (1.10)  drug-induced homicide;
 5             (2)  a sex offense under Article 11, except offenses
 6        described in Sections 11-7, 11-8, 11-12, and 11-13;
 7             (3)  kidnapping;
 8             (3.1)  aggravated unlawful restraint;
 9             (3.2)  forcible detention;
10             (3.3)  aiding and abetting child abduction;
11             (4)  aggravated kidnapping;
12             (5)  child abduction;
13             (6)  aggravated battery of a child;
14             (7)  criminal sexual assault;
15             (8)  aggravated criminal sexual assault;
16             (8.1)  predatory criminal sexual assault of a child;
17             (9)  criminal sexual abuse;
18             (10)  aggravated sexual abuse;
19             (11)  heinous battery;
20             (12)  aggravated battery with a firearm;
21             (13)  tampering with food, drugs, or cosmetics;
22             (14)  drug-induced infliction of great bodily harm;
23             (15)  aggravated stalking;
24             (16)  home invasion;
25             (17)  vehicular invasion;
26             (18)  criminal transmission of HIV;
27             (19)  criminal neglect of  an  elderly  or  disabled
28        person;
29             (20)  child abandonment;
30             (21)  endangering the life or health of a child;
31             (22)  ritual mutilation;
32             (23)  ritualized abuse of a child;
33             (24)  an  offense in any other state the elements of
34        which are similar and bear a substantial relationship  to
                            -3-                LRB9206586TAtm
 1        any of the foregoing offenses.
 2    For  the purpose of this subsection, "relative" shall include
 3    any person, 21 years of age or over, other than  the  parent,
 4    who  (i)  is  currently  related  to  the child in any of the
 5    following ways by blood or  adoption:  grandparent,  sibling,
 6    great-grandparent,  uncle, aunt, nephew, niece, first cousin,
 7    great-uncle, or great-aunt; or (ii) is the spouse of  such  a
 8    relative;  or  (iii) is the child's step-father, step-mother,
 9    or  adult  step-brother  or  step-sister;   "relative"   also
10    includes  a  person related in any of the foregoing ways to a
11    sibling of a child, even though the person is not related  to
12    the child, when the child and its sibling are placed together
13    with  that  person.   A  relative with whom a child is placed
14    pursuant to this subsection may,  but  is  not  required  to,
15    apply  for  licensure as a foster family home pursuant to the
16    Child Care Act of 1969; provided, however, that as of July 1,
17    1995, foster care payments shall be  made  only  to  licensed
18    foster  family  homes  pursuant  to the terms of Section 5 of
19    this Act.
20        (c)  In placing a child under this  Act,  the  Department
21    shall  ensure  that  the  child's  health,  safety,  and best
22    interests are met in making a family foster  care  placement.
23    The  Department  shall  consider  the individual needs of the
24    child and the capacity of the prospective foster or  adoptive
25    parents to meet the needs of the child.  The Department shall
26    make   special   efforts  for  the  diligent  recruitment  of
27    potential foster  and  adoptive  families  that  reflect  the
28    ethnic  and  racial diversity of the children for whom foster
29    and adoptive  homes  are  needed.   "Special  efforts"  shall
30    include  contacting  and working with community organizations
31    and religious organizations and may include contracting  with
32    those  organizations,  utilizing  local media and other local
33    resources, and conducting outreach activities.
34        (c-1)  At the time of  placement,  the  Department  shall
                            -4-                LRB9206586TAtm
 1    consider  concurrent  planning,  as  described  in subsection
 2    (l-1) of Section 5, so  that  permanency  may  occur  at  the
 3    earliest  opportunity.  Consideration should be given so that
 4    if reunification fails or is delayed, the placement  made  is
 5    the  best  available  placement to provide permanency for the
 6    child.
 7        (d)  The Department may accept gifts, grants,  offers  of
 8    services,  and  other  contributions to use in making special
 9    recruitment efforts.
10        (e)  The Department in placing children  in  adoptive  or
11    foster care homes may not, in any policy or practice relating
12    to  the  placement  of  children for adoption or foster care,
13    discriminate against any child  or  prospective  adoptive  or
14    foster parent on the basis of race.
15        (f)  In  placing  a child under this Act, not more than 3
16    children may be placed with  any  one  individual  or  family
17    unless the children placed are all siblings.
18    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-428,  eff.
19    12-13-95;  89-462,  eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
20    eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)

[ Top ]