98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2909

 

Introduced 2/4/2014, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/6b  from Ch. 23, par. 5006b

    Amends the Children and Family Services Act. In provisions concerning the Department of Children and Family Services' case tracking system, requires the Department to use the case tracking system to monitor and provide data concerning families subject to safety plans. Provides that the Department shall ensure that any safety plan with a duration of 5 days or more shall be in writing, signed by each affected parent or guardian and all participants responsible for carrying out the plan, and shall be reviewed by a child protection supervisor. Requires the child protection supervisor to provide a sworn certification stating that the plan has been determined to be the least restrictive possible and that the Department, at the time of entering into the safety plan, possesses objectively reasonable evidence of abuse or neglect of the child by the person or persons whose access to the child is limited by the safety plan. Beginning with fiscal year 2015, requires the Department to (i) provide certain data in its annual report and case tracking system concerning children and families subject to safety plans and (ii) track certain safety plans. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 6b as follows:
 
6    (20 ILCS 505/6b)  (from Ch. 23, par. 5006b)
7    Sec. 6b. Case tracking system.
8    (1) The Department shall establish and operate a case
9tracking system which shall be designed to monitor and evaluate
10family preservation, family reunification and placement
11services.
12    (2) The Department shall establish and operate the case
13tracking system for the Department clients for whom the
14Department is providing or paying for such services. The
15Department shall work with the courts in the development of a
16cooperative case tracking system.
17    (3) The Department shall determine the basic elements and
18access and provide for records of the case tracking system to
19not be open to the general public.
20    (4) The Department shall use the case tracking system to
21determine whether any child reported to the Department under
22Section 3.5 of the Intergovernmental Missing Child Recovery Act
23of 1984 matches a Department ward and whether that child had

 

 

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1been abandoned within the previous 2 months.
2    (5) The Department shall use the case tracking system to
3monitor and provide data concerning families subject to safety
4plans.
5    The Department shall ensure that any safety plan with a
6duration of 5 days or more shall be in writing, signed by each
7affected parent or guardian and all participants responsible
8for carrying out the plan, and shall be reviewed by a child
9protection supervisor. Each affected parent or guardian and all
10participants responsible for carrying out the plan shall be
11provided a copy of the written, signed safety plan. A sworn
12certification shall be provided by the child protection
13supervisor stating that the plan has been determined to be the
14least restrictive possible and that the Department, at the time
15of entering into the safety plan, possesses objectively
16reasonable evidence of abuse or neglect of the child by the
17person or persons whose access to the child is limited by the
18safety plan.
19    Beginning with fiscal year 2015, the Department shall
20provide the following data in its annual report and case
21tracking system concerning children and families subject to
22safety plans:
23        The number of cases and the duration of the safety plan
24    in which:
25            (A) a child has been relocated from the child's
26        primary residence during a pending child protection

 

 

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1        investigation, including cases in which a child has
2        been moved to another parent's home or the home of a
3        relative or non-relative;
4            (B) a child's parent, guardian, or other custodian
5        has been required to leave the residence during an
6        investigation;
7            (C) a parent, guardian, or other custodian of the
8        child has been directed to have no contact with the
9        child;
10            (D) a safety plan was implemented previous to the
11        Department taking temporary protective custody as
12        defined in Section 3 of the Abused and Neglected Child
13        Reporting Act; and
14            (E) a safety plan was implemented without the
15        Department ever taking temporary protective custody as
16        defined in Section 3 of the Abused and Neglected Child
17        Reporting Act.
18    Beginning with fiscal year 2015, the Department shall also
19track the number of:
20            (i) written safety plans in effect in Illinois each
21        month;
22            (ii) safety plan cases in which a short-term
23        guardianship has been executed;
24            (iii) safety plan cases in which the Department has
25        referred the person responsible for carrying out the
26        safety plan, the parent, or the guardian to court to

 

 

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1        obtain a private guardianship pursuant to the Probate
2        Act of 1975;
3            (iv) safety plans in effect beyond the end of the
4        investigation being completed;
5            (v) safety plans for investigations that resulted
6        in an unfounded determination;
7            (vi) safety plans for which there is a sworn
8        certification by a child protection supervisor stating
9        that the safety plan is the least restrictive possible
10        and that the Department, at the time of entering into
11        the safety plan, possesses objectively reasonable
12        evidence of abuse or neglect by the person or persons
13        whose access to the child is limited by the safety
14        plan; and
15            (vii) total safety plan cases opened each fiscal
16        year.
17(Source: P.A. 89-213, eff. 1-1-96.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.