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Public Act 102-0688


 

Public Act 0688 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0688
 
HB0692 EnrolledLRB102 10773 SPS 16103 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Child Care Act of 1969 is amended by
changing Section 2.17 and by adding Section 3.6 as follows:
 
    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
    Sec. 2.17. "Foster family home" means a facility for child
care in residences of families who receive no more than 6
children unrelated to them, unless all the children are of
common parentage, or residences of relatives who receive no
more than 6 related children placed by the Department, unless
the children are of common parentage, for the purpose of
providing family care and training for the children on a
full-time basis, except the Director of Children and Family
Services, pursuant to Department regulations, may waive the
numerical limitation of foster children who may be cared for
in a foster family home for any of the following reasons to
allow: (1) a parenting youth in foster care to remain with the
child of the parenting youth; (2) siblings to remain together;
(3) a child with an established meaningful relationship with
the family to remain with the family; or (4) a family with
special training or skills to provide care to a child who has a
severe disability. The family's or relative's own children,
under 18 years of age, shall be included in determining the
maximum number of children served. For purposes of this
Section, a "relative" includes any person, 21 years of age or
over, other than the parent, who (i) is currently related to
the child in any of the following ways by blood or adoption:
grandparent, sibling, great-grandparent, uncle, aunt, nephew,
niece, first cousin, great-uncle, or great-aunt; or (ii) is
the spouse of such a relative; or (iii) is a child's
step-father, step-mother, or adult step-brother or
step-sister; or (iv) is a fictive kin; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. For purposes of placement of children
pursuant to Section 7 of the Children and Family Services Act
and for purposes of licensing requirements set forth in
Section 4 of this Act, for children under the custody or
guardianship of the Department pursuant to the Juvenile Court
Act of 1987, after a parent signs a consent, surrender, or
waiver or after a parent's rights are otherwise terminated,
and while the child remains in the custody or guardianship of
the Department, the child is considered to be related to those
to whom the child was related under this Section prior to the
signing of the consent, surrender, or waiver or the order of
termination of parental rights. The term "foster family home"
includes homes receiving children from any State-operated
institution for child care; or from any agency established by
a municipality or other political subdivision of the State of
Illinois authorized to provide care for children outside their
own homes. The term "foster family home" does not include an
"adoption-only home" as defined in Section 2.23 of this Act.
The types of foster family homes are defined as follows:
        (a) "Boarding home" means a foster family home which
    receives payment for regular full-time care of a child or
    children.
        (b) "Free home" means a foster family home other than
    an adoptive home which does not receive payments for the
    care of a child or children.
        (c) "Adoptive home" means a foster family home which
    receives a child or children for the purpose of adopting
    the child or children, but does not include an
    adoption-only home.
        (d) "Work-wage home" means a foster family home which
    receives a child or children who pay part or all of their
    board by rendering some services to the family not
    prohibited by the Child Labor Law or by standards or
    regulations of the Department prescribed under this Act.
    The child or children may receive a wage in connection
    with the services rendered the foster family.
        (e) "Agency-supervised home" means a foster family
    home under the direct and regular supervision of a
    licensed child welfare agency, of the Department of
    Children and Family Services, of a circuit court, or of
    any other State agency which has authority to place
    children in child care facilities, and which receives no
    more than 8 children, unless of common parentage, who are
    placed and are regularly supervised by one of the
    specified agencies.
        (f) "Independent home" means a foster family home,
    other than an adoptive home, which receives no more than 4
    children, unless of common parentage, directly from
    parents, or other legally responsible persons, by
    independent arrangement and which is not subject to direct
    and regular supervision of a specified agency except as
    such supervision pertains to licensing by the Department.
        (g) "Host home" means an emergency foster family home
    under the direction and regular supervision of a licensed
    child welfare agency, contracted to provide short-term
    crisis intervention services to youth served under the
    Comprehensive Community-Based Youth Services program,
    under the direction of the Department of Human Services.
    The youth shall not be under the custody or guardianship
    of the Department pursuant to the Juvenile Court Act of
    1987.
(Source: P.A. 101-63, eff. 7-12-19.)
 
    (225 ILCS 10/3.6 new)
    Sec. 3.6. Licenses for host homes. The Department shall
develop an appropriate licensing and monitoring system that
recognizes the unique population and programming for youth
served by the Comprehensive Community-Based Youth Services
program. The Department shall maintain licensing staff who are
knowledgeable of Comprehensive Community-Based Youth Services
program standards, as set forth by the Department of Human
Services. The Department of Human Services shall be solely
responsible for the development and implementation of a
training curriculum for host homes that recognizes the unique
population and programming of youth served in Comprehensive
Community-Based Youth Services. Host homes licensed by the
Department shall not be utilized for a child who is a youth in
care as defined in Section 4d of the Children and Family
Services Act.
 
    Section 99. Effective date. This Act takes effect July 1,
2022.

Effective Date: 7/1/2022