Section 316.10  Purpose

 

The purpose of this Part is to describe the independent review processes required by federal and State law for the purpose of ensuring that children and families who receive services from the Department or its provider agencies have participation and periodic review to determine and ensure safety, well-being, and permanency.

 

Section 316.20  Definitions

 

"Administrative case review" means a review of permanency planning open to the participation of the parents of the child, conducted by a person who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subjects of the review. (See 42 USC 675(6)). The administrative case review is also open to the participation of other professionals involved in assessing or treating the child, any legal representative of the parent or child, and the foster parents as specified in this Part.

 

"Administrative case reviewer" means a trained professional who is not responsible for the case management of, or delivery of services to, either the child or the parents who are the subjects of the review.

 

"Children for whom the Department is legally responsible" means children for whom the Department has temporary protective custody, custody or guardianship via court order, or children whose parents have signed an adoptive surrender or voluntary placement agreement with the Department.

 

"Contact between siblings" means contact between or among siblings who are residing apart from one another and may include, but is not limited to: telephone calls; video conferencing; in person visitation; sending/receiving cards, letters, emails, text messages, gifts, etc.; sharing photographs or information; use of any approved social media (e.g., Facebook); and any other agreed upon forms of communication.

 

"Family" means one or more adults and children, related by blood, marriage, civil union, or adoption and residing in the same household.

 

"Fictive kin" means any individual, unrelated by birth or marriage, who:

 

is shown to have significant and close personal or emotional ties with the child or the child’s family prior to the child’s placement with the individual; or

 

is the current foster parent of a child in the custody or guardianship of the Department pursuant to the Child and Family Services Act and the Juvenile Court Act of 1987, if the child has been placed in the home for at least one year and has established a significant and family-like relationship with the foster parent, and the foster parent has been identified by the Department as the child's permanent connection. [20 ILCS 505/7(b)]

 

"Godparent" is a person who sponsors a child at baptism or one in whom the parents have entrusted a special duty that includes assisting in raising the child if the parent cannot raise the child.  If the person is considered to be the child's godparent, in order for placement to occur, the same placement selection criteria as contained in 89 Ill. Adm. Code 301.60 (Placement Selection Criteria) must be met.  If the godparent is not a licensed foster parent, all the conditions currently in effect for placement with relatives in 89 Ill. Adm. Code 301.80 (Relative Home Placement) must be met.

 

"Parents" means the child's legal parents whose rights have not been terminated.  Biological fathers are considered legal parents when paternity has been established as required by the definition in 89 Ill. Adm. Code 315 (Permanency Planning).

 

"Permanency goal" means the desired outcome of intervention and service that is determined to be consistent with the health, safety, well-being and best interests of the child. A permanent legal status is usually a component of the permanency goal.

 

"Permanent connection" means a family-like relationship, consistent with a child's best interests, health, safety and well-being, that provides:

 

safe, stable and committed parenting;

 

unconditional love and lifelong support; and

 

a permanent legal status between child and family.

 

For a child for whom the Department is legally responsible, a permanent connection may be the child's parents or another caregiver in the child's home of origin. When the child cannot be safely returned home, a permanent connection may be the current or former foster parent or relative caregiver, an individual identified as an adoptive or legal guardianship placement resource, or another individual from among the child's or family's lifelong connections with whom a child has developed a familial relationship.

 

"Relative", for purposes of placement of children for whom the Department is legally responsible, means any person, 21 years of age or over, other than the parent, who:

 

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, first cousin once removed (children of one's first cousin to oneself), second cousin (children of first cousins are second cousins to each other), godparent (as defined in this Section), great-uncle, or great-aunt; or

 

is the spouse, or party to a civil union, of such a relative; or

 

is the child's step-father, step‑mother, step-grandfather, step-grandmother, or adult step-brother or step-sister; or

 

is the partner, or adult child of a partner, in a civil union with the child's mother or father; or

 

is a fictive kin as defined in this Section.

 

"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 children who have been in the guardianship of the Department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department, a "relative" may also include any person who would have qualified as a relative under this definition prior to the adoption, but only if the Department determines that it would be in the best interests of the child to consider this person a relative. [20 ILCS 505/7(b)]

 

"Service plan" means a written plan on a form prescribed by the Department that guides all participants in the plan toward the permanency goals for the children.

 

"Siblings" means children who have at least one parent in common.  Children continue to be considered siblings after parental rights are terminated, if parental rights were terminated while a petition under Article II of the Juvenile Court Act of 1987 was pending.  Children continue to be considered siblings after one or more of the children are adopted or placed in private guardianship, if they were in the custody or guardianship of the Department pursuant to Article II of the Juvenile Court Act of 1987 [705 ILCS 405] immediately prior to the adoption or guardianship.  Step-siblings may be considered "siblings" when the children enter into substitute care together, have a positive relationship and share at least one parent in common.

 

"Substitute care" means the care of children who require placement away from their families.  Substitute care includes foster family care, care provided in a relative home placement as defined in 89 Ill. Adm. Code 301.80 (Relative Home Placement), care provided in a group home, care provided in a maternity center or a child care, mental health or other institution, and care provided in an independent living arrangement.

 

"Visitation" means face-to-face contact:

 

between parents and their children who are in substitute care;

 

between siblings in substitute care who are placed apart from one another; or

 

between siblings in substitute care with siblings who are not in substitute care (e.g., emancipated, case closed due to independence, adopted, placed in private guardianship, living in home of parent, etc.).

 

(Source:  Amended at 42 Ill. Reg. 2215, effective January 17, 2018)

 

Section 316.30  Administrative Case Review System

 

a)         The Department has an administrative case review system for all the children in placement and their families. Administrative case reviews are conducted for children living in foster family homes, relative homes, group homes, child care institutions, youth emergency shelters, or detention, correctional, mental or physical health related facilities. In addition, the Department may elect to conduct administrative case reviews on other groups of children as fiscal and staffing resources permit.

 

b)         Case reviews are conducted in order to:

 

1)         assure that parents and the children (if participating in the planning) are involved in and collaborating in development of the plan and understand and discuss the plan and know what is expected of them;

 

2)         ensure siblings are being placed together whenever possible; when sibling are placed apart, efforts continue to locate a placement that will accept all of the children; contact and visitation between siblings is encouraged and occurring in accordance with the Visitation and Contact Plan; efforts are made to support contact between siblings in substitute care with siblings who are not in substitute care (e.g., because of adoption, legal guardianship, emancipation or adulthood);

 

3)         review whether the Department's continuing intervention is necessary;

 

4)         review whether services, including placement services, are necessary, relevant, coordinated, and appropriate and address the health and safety needs of the child;

 

5)         identify services needed but that are not being provided to the child, family or foster parents and the reasons why they are not being provided;

 

6)         review the disability status of a child to determine the need for and/or appropriateness of specialized services;

 

7)         review the appropriateness of the child's educational placement and the child's educational progress and recommend changes to the caseworker;

 

8)         review health information on the child and family;

 

9)         review any special physical, psychological, educational, medical, emotional, or other needs of the minor or his or her family that are relevant to a permanency or placement determination;

 

10)       review, for any minor age 16 or over, programs or services that will enable the minor to prepare for independent living;

 

11)       review whether the Department, the service providers, the family, the substitute care provider, if any, and the child are complying with the service plan and, if they are not complying, whether changes in the service plan or goals are needed;

 

12)       review whether there is progress to resolve the child's and family's problems and whether the progress is satisfactory and whether the child can safely return home;

 

13)       review whether the projected month for achieving the permanency goal should be changed;

 

14)       review the appropriateness of the permanency goal and recommend changes in the goal (if appropriate);

 

15)       review and finalize the service plan for the next period, including an analysis of:

 

A)        the appropriateness of the services contained in the plan and whether those services have been provided and, if not, why not;

 

B)        whether reasonable efforts by the Department, and reasonable progress by the family, have been made to achieve the goal;

 

C)        whether the plan and goal have been achieved;

 

16)       refer the case for a family meeting as described in 89 Ill. Adm. Code 315.120 (Family Meetings) when one has not been conducted; and

 

17)       report findings and make recommendations.

 

c)         The Department shall provide training for all Administrative Case Reviewers, their supervisors and their managers regarding the importance of maintaining sibling relationships and the child's sense of attachment to his/her siblings, the importance of maintaining sibling relationships over the child's lifespan, and the impact on the child if those relationships are severed.

 

(Source:  Amended at 40 Ill. Reg. 767, effective December 31, 2015)

 

Section 316.40  Frequency of Administrative Case Reviews

 

a)         The first administrative case review shall be conducted within six months after the temporary custody hearing.

 

b)         Following the six month administrative case review, administrative case reviews shall be conducted every six months.

 

c)         Additional Administrative Case Reviews

 

1)         The Office of Administrative Case Review may schedule more frequent case reviews for the following reasons:

 

A)        the case requires more than the scheduled six-month review.  Such cases may be ones in which it is important that follow-up to the recommendations made at the last administrative case review is monitored.  For example, cases for which concurrent planning, as described in 89 Ill. Adm. Code 315 (Permanency Planning), is being utilized;

 

B)        the biological family requests an administrative case review prior to the first six-month review; or

 

C)        cases of workers, teams, offices, and purchase of service agencies are selected for special reviews because those workers, teams, offices, and agencies are shown to be in non-compliance with mandated requirements. Non-compliance of mandated requirements may include, but is not limited to:

 

i)          failure to establish and implement procedures for assessment and service planning;

 

ii)         failure to set and conduct family meetings;

 

iii)        failure to establish or fully implement a Visitation and Contact Plan that is in the best interests of the siblings; and

 

iv)        failure to comply with current and ongoing consent decrees.

 

2)         The caseworker and supervisor must attend all administrative case reviews scheduled by the Office of Administrative Case Review in accordance with this subsection (c).

 

(Source:  Amended at 40 Ill. Reg. 767, effective December 31, 2015)

 

Section 316.50  Conduct and Participation at Administrative Case Reviews

 

Administrative case reviews shall:

 

a)         be convened by a professional staff member from the Department's Division of Administrative Case Review;

 

b)         include the worker and/or supervisor from the Department and/or the substitute care provider agency that has case responsibility for both the children and the family;

 

c)         be open to the participation of the children's parents and their representatives.  However, if parents are known to be violent and potentially dangerous to other participants in the review, they will be excluded.  If a petition seeking the termination of parental rights has been filed, these parents will be invited to the review until a final decision has been made on the petition;

 

d)         be open to the participation of children 12 years of age or older with consideration given to the material in the review and the benefits of having the child present.  Younger children may attend if the caseworker and supervisor determine that the child can benefit from participation in the review process;

 

e)         be open to the participation of the foster parents or relative caregivers in the section of the review for the child in their care.  Foster parents or relative caregivers may be able to participate in other segments of the review involving the child's family provided that the information being presented at the review is essential for understanding the needs of and providing care to the child. When a positive relationship exists between the foster parent or relative caregiver and the child's family, the child's family may consent to disclosure of additional information [20 ILCS 520/1-9] in accordance with the consent provisions of 89 Ill. Adm. Code 431 (Confidentiality of Personal Information of Persons Served by the Department);

 

f)         be open to the participation of the child's guardian ad litem or legal representative;

 

g)         be conducted in the office serving the parent's county of residence, if known, unless the parent agrees to travel to another office that is within the State of Illinois;

 

h)         focus on the issues described in Section 316.30 (Administrative Case Review System); and

 

i)          be recorded by a written report of their findings.

 

Section 316.60  Notice of Administrative Case Reviews

 

A written notice of the date, time, place and purpose of the administrative case review shall be mailed within 21 calendar days prior to the review to ensure that the notice is received 14 days prior to the scheduled review to the following:

 

a)         the parents.  The notice shall also inform them of their rights to bring a representative with them to the review;

 

b)         the child, if participating in the review per Section 316.50(d);

 

c)         the child's foster parents or relative caregiver;

 

d)         the purchase of service provider agency caseworker (if applicable); and

 

e)         the child's legal representative. The caseworker is responsible for providing the name and address of the child's legal representative and all parties that are to be invited to the review.

 

Section 316.70  Roles and Responsibilities of the Administrative Case Reviewer

 

a)         The administrative case reviewer has the responsibility and authority to manage the case review process, which includes:

 

1)         excluding or limiting participation, as needed, to those with a right to share in the process, or excluding or limiting participation of any individual when necessary to promote the achievement of the purposes of the review;

 

2)         convening and conducting a review in such a way as to encourage discussion and participation while respecting the rights and culture of all participants;

 

3)         maintaining the focus of the group on the service plan with good time management; and

 

4)         advising clients and other participants of their rights and providing an explanation of the purposes of the administrative case review process, assuring disclosure.

 

b)         The administrative case reviewer shall ensure that the review complies with Department rules and procedures and is consistent with good child welfare practice and in compliance with 42 USCA 675 and any State or federal court consent decree affecting Department practice.  This responsibility includes:

 

1)         ensuring that the purposes of the administrative case review are carried out;

 

2)         determining that the goal and the evaluation of progress are consistent with the facts of the case as presented at the administrative case review, that the outcomes, tasks and time frames are appropriate for the goal, and amending or changing the case plan accordingly;

 

3)         recommending modification or change in the case plan, when in the reviewer's professional judgement the plan or goal is insufficient based on information presented at the review.  The reviewer, however, may not change a permanency goal established by the court;

 

4)         convening administrative case reviews sooner than the regularly scheduled case reviews when the facts of the case indicate the need for a review;

 

5)         recommending a family meeting as described in 89 Ill. Adm. Code 315.120 (Family Meetings); and

 

6)         providing a written report of their findings.

 

Section 316.80  Caseworker Responsibilities at the Administrative Case Review

 

The caseworker's responsibilities at the administrative case review will be to:

 

a)         present a completed service plan, based on the assessment and developed in collaboration with the family;

 

b)         present a recommendation regarding the permanency goal;

 

c)         report on the placement, best interests, health, safety and well-being of the child;

 

d)         present a copy of the Visitation and Contact Plan and report on the efforts made to encourage and maintain sibling relationships;

 

e)         present a copy of a Post-Permanency Sibling Contact Plan when one has been developed;

 

f)         report on the progress of the parent to date toward changing the behaviors and conditions that require the child to be in out-of-home care;

 

g)         provide a statement as to whether the child can return home, and, if so, when and with what supports;

 

h)         provide the casework rationale and supporting documentation for all decisions and recommendations.

 

(Source:  Amended at 40 Ill. Reg. 767, effective December 31, 2015)

 

Section 316.90  Decision Review

 

a)         When a service provider, including foster parents or relative caretakers, or the child's caseworker with supervisory approval, disagrees with any portion of the service plan, including any amendments made by the administrative case reviewer, the provider will be entitled to a review of the issue.  Amendments that are the result of decisions made by the court at the permanency hearing or are the result of any other court order are not subject to a decision review.

 

b)         Requests for a decision review shall be directed, within five working days after the administrative case review, to the Deputy Director of Administrative Case Review.

 

c)         A decision review conference shall be held within ten working days after the receipt of the request.  A final decision will be made by the Deputy Director of Administrative Case Review or designee, within ten working days after the conference.

 

d)         Except when an issue affects compliance with a court order or the residual rights of parents, implementation will be stayed until the decision review conference is held.  The residual rights of parents as defined is Section 1-3 of the Juvenile Court Act of 1987 [705 ILCS 405/1-3] include the rights to visitation, to consent to adoption and to determine the minor's religious affiliation.

 

e)         If changes to the service plan are required by the decision review, copies of the changes will be sent to all those who are entitled to a copy of the service plan with a notice of the specific changes made, the reason for the changes and a statement of the right to appeal any such changes.

 

Section 316.100  Appealability of Decisions

 

When children and/or parents disagree with any portion of the service plan resulting from recommendations made at the administrative case review, they may request a hearing in accordance with 89 Ill. Adm. Code 337 (Service Appeal Process).

 

Section 316.110  The Department's Role in the Juvenile Court

 

a)         The Department shall inform the Juvenile Court of the Department's planning for the children and families it serves and of their progress toward those goals.

 

b)         When in the Juvenile Court, the Department shall provide information and recommendations to the court and the parties and shall recommend that the court keep families together in all instances when it is consistent with the children's best interests, health, safety, and well-being.  In those instances when children must be removed from their parent's care, the Department shall recommend that the court reunite children for whom the Department is legally responsible with their families as soon as returning home is consistent with their best interests, health, safety and well-being.  Finally, when it is clear to the Department that the child's health and safety needs cannot be met by the parents and it is in the child's best interests, the Department will provide that information to the court and recommend that the court establish other permanency goals.

 

c)         When the DCFS Guardianship Administrator is appointed as the temporary custodian of a child whose siblings are in substitute care and the child and all of his/her siblings are not placed together, the Department shall file with the court and serve on the parties a Visitation and Contact Plan within 10 days, excluding weekends and holidays, after the appointment.

 

d)         When the Department has legal responsibility for a child, a representative of the Department or its provider agency shall attend all hearings required by the court.  At each hearing the Department or its provider agency shall provide information relating to the child's placement, best interests, health, safety, and well-being, and make any appropriate recommendations.  Such hearings include:

 

1)         the temporary custody hearing;

 

2)         the adjudicatory hearing;

 

3)         the dispositional hearing;

 

4)         permanency hearings (as described in Section 316.120); and

 

5)         all other hearings the court may require.

 

(Source:  Amended at 40 Ill. Reg. 767, effective December 31, 2015)

 

Section 316.120  Permanency Hearings

 

a)         The Department or its provider agency will participate in permanency hearings conducted by the court at 12 months following the temporary custody hearing and every six months thereafter in order to:

 

1)         select the permanency goal;

 

2)         review the appropriateness of the services contained in the plan and whether those services, including sibling visitation and contact, have been provided as specified and, if not, why not;

 

3)         determine whether reasonable efforts have been made by all parties to the service plan to achieve the goal; and

 

4)         evaluate whether the plan and goal have been achieved.

 

b)         The Department or its provider agency shall provide, no later than 14 days in advance of the hearing, a copy of the most recent service plan and Visitation and Contact Plan, prepared within the prior six months, to the court and all parties to the permanency hearings.

 

c)         If not contained in the plan, the Department or its provider agency shall also include a report setting forth:

 

1)         any special physical, psychological, educational, medical, emotional, or other needs of the minor or his or her family that are relevant to a permanency or placement determination; and

 

2)         for any minor age 16 or over, a written description of the programs or services that will enable the minor to prepare for independent living.

 

d)         The Department's or its provider agency's written report must explain why, if the goal is other than return home, continued involvement is appropriate and why  termination of parental rights or private guardianship is not being sought.

 

e)         The Department's or its provider agency's written report must explain why, if the goal recommended is continuing foster care, all other goals have been ruled out based on the child's best interest and delineate the compelling reasons for selection of this goal.

 

f)         The Department's or its provider agency's caseworker is required to appear and testify at the hearing and prepare a written report for the court.

 

(Source:  Amended at 40 Ill. Reg. 767, effective December 31, 2015)

 

Section 316.130  Caseworker Responsibilities at the Permanency Hearing

 

a)         The caseworker's responsibilities at the permanency hearing will be to:

 

1)         present a recommendation regarding the permanency goal, time frame for achievement, clinical intervention, social services, and Visitation and Contact Plans;

 

2)         report on the placement, best interests, health, safety and well-being of the child;

 

3)         report on the progress of the parent to date toward compliance with the service plan and progress toward correcting the conditions that require the child to be in care; and

 

4)         provide the basis for all decisions and recommendations.

 

b)         Within 10 working days after the permanency hearing, the worker will:

 

1)         amend the service plan to conform to the court order, if necessary;

 

2)         attach a copy of the permanency order to the amended service plan (as well as ensuring that a copy of the order is in the case record);

 

3)         engage the family to ensure that the family understands the recommendations and decisions made at the permanency hearing and obtain the family's signature on the service plan;

 

4)         file six copies of the plan with the court; and

 

5)         send a copy of the plan to the Administrative Case Review Office Administrator/Scheduler in the region where the next administrative case review will be held.

 

(Source:  Amended at 40 Ill. Reg. 767, effective December 31, 2015)

 

Section 316.140  Compliance with the Client Service Planning Requirements

 

The Department shall develop a monitoring and reporting mechanism to evaluate the extent of compliance with its client service planning requirements.  At the minimum, the Department shall monitor:

 

a)         the permanency goal for each child;

 

b)         the planned date of achievement of the permanency goal;

 

c)         the extent of progress toward the permanency goal; and

 

d)         the actual date the permanency goal was achieved.