State of Illinois
92nd General Assembly

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HB3305 Enrolled                                LRB9205129TAtm

 1        AN ACT concerning children and family services.

 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 and 21 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
HB3305 Enrolled             -3-                LRB9205129TAtm
 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
HB3305 Enrolled             -4-                LRB9205129TAtm
 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
HB3305 Enrolled             -5-                LRB9205129TAtm
 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;
HB3305 Enrolled             -6-                LRB9205129TAtm
 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
HB3305 Enrolled             -7-                LRB9205129TAtm
 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
HB3305 Enrolled             -8-                LRB9205129TAtm
 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
HB3305 Enrolled             -9-                LRB9205129TAtm
 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;
HB3305 Enrolled             -10-               LRB9205129TAtm
 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
HB3305 Enrolled             -11-               LRB9205129TAtm
 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
HB3305 Enrolled             -12-               LRB9205129TAtm
 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.
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 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
HB3305 Enrolled             -14-               LRB9205129TAtm
 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
HB3305 Enrolled             -15-               LRB9205129TAtm
 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
HB3305 Enrolled             -16-               LRB9205129TAtm
 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.
HB3305 Enrolled             -17-               LRB9205129TAtm
 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.
HB3305 Enrolled             -18-               LRB9205129TAtm
 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
HB3305 Enrolled             -19-               LRB9205129TAtm
 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; 91-812, eff. 6-13-00.)

14        (20 ILCS 505/21) (from Ch. 23, par. 5021)
15        Sec. 21.  Investigative powers; training.
16        (a)  To make such investigations as it may deem necessary
17    to the performance of its duties.
18        (b)  In   the   course  of  any  such  investigation  any
19    qualified person authorized by the  Director  may  administer
20    oaths  and  secure  by  its  subpoena both the attendance and
21    testimony of witnesses and the production of books and papers
22    relevant to such investigation. Any person who is served with
23    a subpoena by the Department to  appear  and  testify  or  to
24    produce  books  and papers, in the course of an investigation
25    authorized by law, and who refuses or neglects to appear,  or
26    to  testify,  or to produce books and papers relevant to such
27    investigation, as commanded in such subpoena, shall be guilty
28    of  a  Class  B  misdemeanor.  The  fees  of  witnesses   for
29    attendance  and  travel  shall  be  the  same  as the fees of
30    witnesses before  the  circuit  courts  of  this  State.  Any
31    circuit  court  of this State, upon application of the person
32    requesting the hearing or  the  Department,  may  compel  the
33    attendance  of witnesses, the production of books and papers,
HB3305 Enrolled             -20-               LRB9205129TAtm
 1    and giving of testimony before the Department or  before  any
 2    authorized  officer or employee thereof, by an attachment for
 3    contempt or otherwise, in the same manner  as  production  of
 4    evidence  may  be  compelled  before such court. Every person
 5    who, having taken an oath  or  made  affirmation  before  the
 6    Department  or  any  authorized  officer or employee thereof,
 7    shall willfully swear or affirm falsely, shall be  guilty  of
 8    perjury and upon conviction shall be punished accordingly.
 9        (c)  Investigations  initiated  under  this Section shall
10    provide individuals due process of law, including  the  right
11    to  a hearing, to cross-examine witnesses, to obtain relevant
12    documents, and to present evidence.  Administrative  findings
13    shall  be  subject  to  the  provisions of the Administrative
14    Review Law.
15        (d)  Beginning  July  1,  1988,  any   child   protective
16    investigator  or  supervisor  or  child welfare specialist or
17    supervisor employed by the Department on the  effective  date
18    of  this  amendatory  Act  of  1987  shall  have  completed a
19    training program which shall be instituted by the Department.
20    The training program shall include, but not  be  limited  to,
21    the  following:  (1) training in the detection of symptoms of
22    child neglect and drug abuse; (2)  specialized  training  for
23    dealing  with  families and children of drug abusers; and (3)
24    specific training in child development, family  dynamics  and
25    interview  techniques.  Such  program  shall  conform  to the
26    criteria and curriculum developed  under  Section  4  of  the
27    Child  Protective  Investigator  and Child Welfare Specialist
28    Certification Act of 1987. Failure to complete such  training
29    due  to  lack of opportunity provided by the Department shall
30    in no way be grounds for any  disciplinary  or  other  action
31    against an investigator or a specialist.
32        The Department shall develop a continuous inservice staff
33    development   program  and  evaluation  system.   Each  child
34    protective investigator  and  supervisor  and  child  welfare
HB3305 Enrolled             -21-               LRB9205129TAtm
 1    specialist  and  supervisor shall participate in such program
 2    and evaluation and shall complete a minimum of  20  hours  of
 3    inservice  education  and  training every 2 years in order to
 4    maintain certification.
 5        Any child protective  investigator  or  child  protective
 6    supervisor,  or  child  welfare  specialist  or child welfare
 7    specialist supervisor hired by the Department who begins  his
 8    actual employment after the effective date of this amendatory
 9    Act  of  1987,  shall  be  certified  pursuant  to  the Child
10    Protective  Investigator   and   Child   Welfare   Specialist
11    Certification  Act  of 1987 before he begins such employment.
12    Nothing in this Act shall replace or diminish the  rights  of
13    employees  under  the Illinois Public Labor Relations Act, as
14    amended, or the National Labor Relations Act. In the event of
15    any conflict between either of those Acts, or any  collective
16    bargaining   agreement   negotiated   thereunder,   and   the
17    provisions  of  subsections  (d)  and  (e),  the former shall
18    prevail and control.
19        (e)  The  Department  shall  develop  and  implement  the
20    following:
21             (1)  A   standardized   child   endangerment    risk
22        assessment protocol.
23             (2)  Related training procedures.
24             (3)  A  standardized  method  for  demonstration  of
25        proficiency in application of the protocol.
26             (4)  An  evaluation  of the reliability and validity
27        of the protocol.
28    All child protective investigators and supervisors and  child
29    welfare   specialists   and   supervisors   employed  by  the
30    Department or its contractors shall be  required,  subsequent
31    to   the   availability   of  training  under  this  Act,  to
32    demonstrate  proficiency  in  application  of  the   protocol
33    previous  to  being  permitted  to  make  decisions about the
34    degree  of  risk  posed  to  children  for  whom   they   are
HB3305 Enrolled             -22-               LRB9205129TAtm
 1    responsible.     The    Department    shall    establish    a
 2    multi-disciplinary   advisory   committee  appointed  by  the
 3    Director, including but not limited to  representatives  from
 4    the  fields  of  child development, domestic violence, family
 5    systems, juvenile  justice,  law  enforcement,  health  care,
 6    mental  health, substance abuse, and social service to advise
 7    the Department and its related contractors in the development
 8    and implementation of the child endangerment risk  assessment
 9    protocol,  related  training,  method  for  demonstration  of
10    proficiency in application of the protocol, and evaluation of
11    the reliability and validity of the protocol.  The Department
12    shall  develop  the protocol, training curriculum, method for
13    demonstration of proficiency in application of  the  protocol
14    and  method for evaluation of the reliability and validity of
15    the protocol by July 1, 1995.  Training and demonstration  of
16    proficiency  in  application  of  the child endangerment risk
17    assessment protocol for all  child  protective  investigators
18    and supervisors and child welfare specialists and supervisors
19    shall  be completed as soon as practicable, but no later than
20    January 1, 1996.  The Department shall submit to the  General
21    Assembly on or before May 1, 1996, and every year thereafter,
22    an  annual  report  on  the evaluation of the reliability and
23    validity of the child endangerment risk assessment  protocol.
24    The   Department   shall  contract  with  a  not  for  profit
25    organization with demonstrated  expertise  in  the  field  of
26    child   endangerment   risk   assessment  to  assist  in  the
27    development and implementation of the child endangerment risk
28    assessment   protocol,   related   training,    method    for
29    demonstration  of proficiency in application of the protocol,
30    and  evaluation  of  the  reliability  and  validity  of  the
31    protocol.
32    (Source: P.A. 90-655, eff. 7-30-98; 91-61, eff. 6-30-99.)

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