Illinois General Assembly - Full Text of Public Act 097-0859
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Public Act 097-0859





Public Act 097-0859
SB3325 EnrolledLRB097 14106 KTG 58776 b

    AN ACT concerning children.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 8.2 as follows:
    (325 ILCS 5/8.2)  (from Ch. 23, par. 2058.2)
    Sec. 8.2. If the Child Protective Service Unit determines,
following an investigation made pursuant to Section 7.4 of this
Act, that there is credible evidence that the child is abused
or neglected, the Department shall assess the family's need for
services, and, as necessary, develop, with the family, an
appropriate service plan for the family's voluntary acceptance
or refusal. In any case where there is evidence that the
perpetrator of the abuse or neglect is an addict or alcoholic
as defined in the Alcoholism and Other Drug Abuse and
Dependency Act, the Department, when making referrals for drug
or alcohol abuse services, shall make such referrals to
facilities licensed by the Department of Human Services or the
Department of Public Health. The Department shall comply with
Section 8.1 by explaining its lack of legal authority to compel
the acceptance of services and may explain its concomitant
authority to petition the Circuit court under the Juvenile
Court Act of 1987 or refer the case to the local law
enforcement authority or State's attorney for criminal
    For purposes of this Act, the term "family preservation
services" refers to all services to help families, including
adoptive and extended families. Family preservation services
shall be offered, where safe and appropriate, to prevent the
placement of children in substitute care when the children can
be cared for at home or in the custody of the person
responsible for the children's welfare without endangering the
children's health or safety, to reunite them with their
families if so placed when reunification is an appropriate
goal, or to maintain an adoptive placement. The term
"homemaker" includes emergency caretakers, homemakers,
caretakers, housekeepers and chore services. The term
"counseling" includes individual therapy, infant stimulation
therapy, family therapy, group therapy, self-help groups, drug
and alcohol abuse counseling, vocational counseling and
post-adoptive services. The term "day care" includes
protective day care and day care to meet educational,
prevocational or vocational needs. The term "emergency
assistance and advocacy" includes coordinated services to
secure emergency cash, food, housing and medical assistance or
advocacy for other subsistence and family protective needs.
    Before July 1, 2000, appropriate family preservation
services shall, subject to appropriation, be included in the
service plan if the Department has determined that those
services will ensure the child's health and safety, are in the
child's best interests, and will not place the child in
imminent risk of harm. Beginning July 1, 2000, appropriate
family preservation services shall be uniformly available
throughout the State. The Department shall promptly notify
children and families of the Department's responsibility to
offer and provide family preservation services as identified in
the service plan. Such plans may include but are not limited
to: case management services; homemakers; counseling; parent
education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care; transportation
to obtain any of the above services; and medical assistance.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
    The Department shall provide a preliminary report to the
General Assembly no later than January 1, 1991, in regard to
the provision of services authorized pursuant to this Section.
The report shall include:
        (a) the number of families and children served, by type
    of services;
        (b) the outcome from the provision of such services,
    including the number of families which remained intact at
    least 6 months following the termination of services;
        (c) the number of families which have been subjects of
    founded reports of abuse following the termination of
        (d) an analysis of general family circumstances in
    which family preservation services have been determined to
    be an effective intervention;
        (e) information regarding the number of families in
    need of services but unserved due to budget or program
    criteria guidelines;
        (f) an estimate of the time necessary for and the
    annual cost of statewide implementation of such services;
        (g) an estimate of the length of time before expansion
    of these services will be made to include families with
    children over the age of 6; and
        (h) recommendations regarding any proposed legislative
    changes to this program.
    Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
    The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
    Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services, the
Department shall give preference to the proposal from the
not-for-profit agency.
    No service plan shall compel any child or parent to engage
in any activity or refrain from any activity which is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect.
(Source: P.A. 96-600, eff. 8-21-09.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/27/2012