TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.1 PURPOSE (RENUMBERED)
Section 301.1 Purpose
(Renumbered)
(Source: Section 301.1 renumbered to Section 301.310 at 19 Ill. Reg.
9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.2 DEFINITION (REPEALED)
Section 301.2 Definition
(Repealed)
(Source: Repealed at 19 Ill. Reg. 9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.3 FOSTER CARE PLACEMENT GOAL (RENUMBERED)
Section 301.3 Foster Care
Placement Goal (Renumbered)
(Source: Section 301.3 renumbered to Section 301.320 at 19 Ill. Reg.
9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.4 PLANS TO ACHIEVE THIS GOAL (RENUMBERED)
Section 301.4 Plans to
Achieve This Goal (Renumbered)
(Source: Section 301.4 renumbered to Section 301.330 at 19 Ill. Reg.
9438, effective July 1, 1995)
SUBPART A: PLACEMENT SERVICES
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.10 PURPOSE
Section 301.10 Purpose
The purpose of this Subpart is
to describe the substitute care services provided by the Department or its
contractual agencies when it is in the best interests of children to be placed
apart from their parents or guardians. Included in this Subpart is an explanation
of:
a) the conditions under which children are placed in substitute
care;
b) the types of substitute care settings in which children are
placed;
c) the criteria used for selecting a placement; and
d) other legal and service requirements that must be fulfilled
when placing children.
(Source: Added at 19 Ill. Reg. 9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.20 DEFINITIONS
Section 301.20 Definitions
"Administrative
case review" means case reviews required by 42 U.S.C. 675(1) and 20 ILCS
505/6a.
"Child
only standard of need" means the assistance standard for cases in which no
adult member is included, as defined by the Illinois Department of Human
Services in 89 Ill. Adm. Code 112.60(a).
"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 signed an adoptive surrender or
voluntary placement agreement with the Department.
"Contact
between siblings" means contact 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 technology.
"Department"
as used in this Part, means the Department of Children and Family Services.
"Diligent
search", as used in this Part, means the efforts used by the Department to
find a joint placement for siblings who must be placed apart from their families.
Diligent search is further defined in Section 301.70(f).
"Family"
means one or more adults and children, related by blood, marriage, civil union
or adoption and residing in the same household.
"Father"
means the parent-child relationship is established between a man and a child
by:
An unrebutted presumption of
the man's parentage of the child under Section 204 of the Illinois Parentage
Act of 2015 [750 ILCS 46] (Parentage Act);
An effective voluntary
acknowledgment of paternity by the man under Article 3 of the Parentage Act,
unless the acknowledgment has been rescinded or successfully challenged;
An adjudication of the man's
parentage;
Adoption of the child by the
man; or
A valid gestational surrogacy
arrangement that complies with the Gestational Surrogacy Act [750 ILCS 47] or
other law. [750 ILCS 46/201(b)]
AGENCY NOTE: When paternity has
been established, the relatives of the biological father, as well as those of
the mother, may be considered for the placement of related children.
"Federally
funded foster care" means foster care maintenance payments made in
accordance with Title IV-E of the Social Security Act for which federal
matching grants are received.
"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 [705 ILCS 405],
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)]
"Foster
care payment" means the amount paid by the Department for a child's room,
board, clothing, and personal allowance in a licensed foster family home.
"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 Section 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 Section 301.80 (Relative
Home Placement) must be met.
"Independent Assessment"
means, for a child who is placed in a qualified residential treatment program,
an evaluation that assesses the strengths and needs of the child using an
age-appropriate, evidence-based, validated, functional assessment tool. (42
U.S.C. 675a(c)(1)(A)(i))
"Joint
placement", in the context of sibling placement, means the siblings are placed
in the same substitute care setting.
"LEADS"
means Law Enforcement Agency Data System.
"Parents"
means the child's legal parents whose parental rights have not been
terminated. Biological fathers are considered legal parents when paternity has
been established as required by the definition of "father" in this
Section.
"Permanency
goal" means the desired outcome of intervention and service, which 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
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.
"Permanent
family placement" means placement in a foster family home or a relative
home that is intended to last until the child reaches age 21 or until the child
is capable of self-sufficiency. The Department may retain guardianship of the
child or the foster parent or relative may assume guardianship of the child.
"Permanent
legal status" means a legally binding relationship between a child and a family
as established by birth or a court of law.
"Placement
Clearance Process" means the approval of a child's placement in foster
care or unlicensed relative care from the Placement Clearance Unit.
"Placement
decision" means the decision made by the Department, within 90 days after
the initial placement of a child with a relative, to leave or remove the child
in the relative home based on the evaluation of the results of the criminal
background check of the relative and household members and based on the best
interest of the child.
"Placing
worker" means the Child Protection Specialist, Permanency Worker or Intact
Family Worker with responsibility to select the substitute care placement for a
child.
"Qualified
Residential Treatment Program" means a program that:
has a trauma-informed treatment
model that is designed to address the needs, including clinical needs as
appropriate, of children with serious emotional or behavioral disorders or
disturbances and, with respect to a child, is able to implement the treatment
identified for the child by the independent assessment of the child required
under 42 U.S.C. 675a(c);
has registered or licensed nursing
staff and other licensed clinical staff who:
provide care within the scope of
their practice as defined by state law;
are on-site
according to a trauma informed treatment model; and
are available 24
hours a day and 7 days a week;
to the extent appropriate, and in
accordance with the child's best interests, facilitates participation of family
members in the child's treatment program;
facilitates outreach to the family
members of the child, including siblings, documents how the outreach is made
(including contact information), and maintains contact information for any
known biological family and fictive kin of the child;
documents how family members are
integrated into the treatment process for the child, including post-discharge,
and how sibling connections are maintained;
provides discharge planning and
family-based aftercare support for at least 6 months post-discharge; and
is licensed in accordance with 42
U.S.C. 671(a)(10) and is accredited by any of the following independent,
not-for-profit organizations:
The Commission on Accreditation of
Rehabilitation Facilities (CARF);
The Joint Commission on
Accreditation of Healthcare Organizations (JCAHO);
The Council on
Accreditation (COA); and
Any other independent,
not-for-profit accrediting organization approved by the Secretary of Health and
Human Services. (42 U.S.C. 672(k)(1)-(4))
"Region"
means Cook County or any of the downstate Department of Children and Family
Services regions.
"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)]
"Residential
facility", for the purposes of the Aristotle P. Consent Decree, means all
non-foster care or relative home care placements.
"Service
plan" means a written plan on a form prescribed by the Department in the
plan toward the permanency goal for the children required by 42 U.S.C. 675(5),
325 ILCS 5/8.2, and 89 Ill. Adm. Code 315 (Permanency Planning).
"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 of a child for
whom the Department is legally responsible provided in a relative family home,
care provided in a group home, and care provided in a child care or other
institution.
"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.).
"Voluntary
placement agreement" means a time-limited written request and consent from
a parent, guardian or legal custodian of a child for placement of the child out
of the home. When signed by designated Department staff, the Department agrees
to provide child welfare services which include placement.
(Source: Amended at 48 Ill. Reg. 12183,
effective August 1, 2024)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.30 INTRODUCTION
Section 301.30 Introduction
Placement or substitute care
services means the care of children for whom the Department is legally
responsible who require a living arrangement away from their families due to
abuse, neglect, dependency, voluntary surrender of parental rights or consent to
adopt by a specified person, or voluntary placement agreement and for whom the
Department has determined that family preservation services are not appropriate
because such services are not in the child's best interest or would not protect
the child from imminent risk of harm. Placement services include foster family
or relative home care, care provided in a group home or child care institution
or other institution. Placement is intended to be a temporary situation for the
children during the time that the parents' ability to care for the child is
being evaluated or the parents are receiving services to alleviate the problems
in the home so the family can be reunited. However, there may be times when it
is in the best interests of the child to seek a permanent placement away from
the child's family. In these instances a permanency goal other than family
reunification is sought. The complete range of permanency goals is described in
89 Ill. Adm. Code 315 (Permanency Planning).
(Source: Amended at 23 Ill. Reg. 13062, effective October 20, 1999)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.40 LEGAL AUTHORITY TO PLACE
Section 301.40 Legal
Authority to Place
a) The Department shall not place children until it has the
appropriate legal authority to do so. Such legal authority includes:
1) temporary protective custody in accordance with the Abused and
Neglected Child Reporting Act [325 ILCS 5];
2) adoptive surrender or consent to adoption by a specified
person in accordance with the Adoption Act [750 ILCS 50];
3) custody or guardianship in accordance with the Juvenile Court
Act of 1987 [705 ILCS 405]; or
4) temporary custody with written consent of the parents or, if
the child is not in the custody of either parent, written consent of the
guardian or custodian of the child, in accordance with the Children and Family
Services Act [20 ILCS 505]. A written consent from a parent, guardian or legal
custodian requesting temporary placement services for his or her children is
known as a voluntary placement agreement. A voluntary placement agreement may
be entered into for a maximum of 60 days when it is in the best interests of
the children. A voluntary placement agreement requires prior written approval
of the administrator in charge of the Department region or designee. A
voluntary placement agreement may be renewed for an additional 60 days only
with the prior non-delegable written approval of the administrator in charge of
the Department region.
b) When placing an Indian child, the Department shall comply with
89 Ill. Adm. Code 307 (Indian Child Welfare Services).
(Source: Amended at 34 Ill.
Reg. 7898, effective May 31, 2010)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.50 EMERGENCY PLACEMENT
Section 301.50 Emergency
Placement
Emergency placement services
shall be provided immediately when the provision of other services are not in
the child's best interests and will not ensure the safety of the child because
the Department has reason to believe:
a) that leaving the child in the home of his or her caregiver
would present an imminent danger to the child's life or health; or
b) that a child has been left unsupervised for an unreasonable
period of time without regard for the mental or physical health, safety, or
welfare of the child and the child's parent or caregiver cannot be readily
located; or
c) that services directed toward keeping the family together
would not sufficiently protect the child from harm, thus endangering the
child's safety and well-being; or
d) that the child appears to be severely ill or injured and the
parent or caregiver is unable to care for the child in this situation; or
e) the child is abandoned; or
f) the child is a runaway in accordance with 89 Ill. Adm. Code
329, Return of Runaway Children.
(Source: Added at 19 Ill. Reg. 9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.60 PLACEMENT SELECTION CRITERIA
Section 301.60 Placement
Selection Criteria
a) All placement decisions will be made consistent with the
safety, best interests and special needs of the child. When a child is removed
from the care of a custodial parent, the placing worker shall explore whether
the non-custodial parent would be a suitable caregiver for the child. If
placement with the non-custodial parent is not consistent with the safety, best
interests and special needs of the child or if the non-custodial parent is not
a suitable caregiver for the child, placement in substitute care shall be
considered.
b) Substitute care placement decisions consistent with the
safety, best interests and special needs of the child shall be made in
consideration of the following:
1) the least restrictive setting appropriate for the child that
most closely approximates a family;
2) placement within reasonable proximity to the child's home when
the permanency goal is return home, and within the child's school district,
whenever possible, taking into account any special needs of the child and
family, the importance of maintaining continuity of the children's educational
and social relationships, and the availability of the service resources needed
for the child and family;
3) the ability of prospective foster or adoptive parents to meet
the needs of a child. Placement in a foster or adoptive family home shall not
be denied or delayed on the basis of the race, color, or national origin of the
child, or the foster or adoptive family home members, nor shall placement for
adoption of a child be denied or delayed if an approved family is available
either outside of the Department's region handling the case or outside of the
State of Illinois;
4) preservation of sibling relationships; and
5) placement, if the child is of American Indian heritage, according
to criteria described in 89 Ill. Adm. Code 307 (Indian Child Welfare Services).
c) Approval through the Department's Placement Clearance Process
is required prior to all placements in licensed foster family homes and
unlicensed relative homes.
d) When a private agency or DCFS worker fails to secure prior
approval for a placement in a licensed foster family home or unlicensed
relative home through the Placement Clearance Process or provides false or
misleading information when requesting an approval, the Director may take
progressive action including, but not limited to:
1) placing the worker's private agency or DCFS region on hold for
cases; and
2) implementing progressive discipline for the DCFS worker.
(Source: Amended at 40 Ill. Reg. 666, effective December 31, 2015)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.70 SIBLING PLACEMENT
Section 301.70 Sibling
Placement
a) It is the policy of the Department to place siblings together
unless:
1) it is in the best interests of one or more of the children to
be placed apart or to remain apart from his or her siblings;
2) the Department has been unable to locate a joint placement for
the siblings, despite a diligent search by the Department as defined in
subsection (f);
3) a court has ordered that the siblings be placed apart; or
4) it is in the best interests of the child or his or her siblings
to be placed with a relative and the relative is not willing to accept all the
children.
b) When
the caseworker determines it is in the best interest of one or more siblings in
substitute care to be placed apart or to remain apart from his/her siblings,
the caseworker shall select a placement where the caregiver is willing and able
to be actively involved in supporting the sibling relationship to the extent
that doing so is in each child's best interest.
c) When
an examination of case records or consultation with the child's parents reveals
that a sibling of the child was adopted, was placed in subsidized guardianship,
or is emancipated, the caseworker shall determine, in consultation with the
child's parents, whether it would be in the child's best interests to explore
placement with an adopted sibling, a sibling in guardianship, or an emancipated
sibling who is at least 21 years of age. Unless the parent objects, if the
caseworker determines it is in the child's best interest to explore the
placement, the caseworker shall contact the adoptive parent or guardian of the
sibling or emancipated sibling to determine whether that person is willing to
be considered as a placement resource for the child and, if so, determine
whether it is in the best interests of the child to be placed in the home with
the sibling.
d) A
determination that it is not in a child's best interest to be placed with a
sibling is a critical decision that requires supervisory approval. The
decision shall be documented in the child's case record and on the Visitation
and Contact Plan.
e) It shall be in the best interests of a child to be placed
apart from his or her siblings only if:
1) the child has special medical, educational, behavioral, or
emotional needs that require the child to be placed apart from his or her
siblings and the child has been placed or accepted at a placement intended to
address those needs;
2) the child is at risk of physical, mental, or emotional harm if
placed with his or her siblings and the specific risk and the basis for
assessing that risk are documented in the child's case file; or
3) placement of the child with his or her siblings would require
that the child be removed from a current foster home and it is in the best
interests of the child to remain in that foster home rather than move to a
joint placement with his or her siblings.
f) A diligent search to locate a joint placement for siblings
shall consist of written documentation that:
1) the Department has asked the siblings' parents and known
relatives whether there are any relatives who may be willing to become relative
foster parents for the siblings;
2) the Department has asked any current foster parents of a child
already in Department custody or guardianship whether they can accommodate the
child's siblings in accordance with licensing standards; and
3) the Department has asked the adoptive parents or legal
guardians of any siblings who were wards of the Department and adopted or
placed in legal guardianship whether they can accommodate the child's siblings;
and
4) the Department has conducted a search of vacant Department and
private agency foster care placements and other appropriate placements within
reasonable proximity to the child's home (when the permanency goal is to return
home) to identify those placements that can provide a joint placement for the
sibling group and that meet the placement requirements for all Department cases
as set forth in this Subpart.
g) If siblings have not been placed together at the time the
Department is awarded custody of one or more of the siblings, the diligent
search to locate a joint placement for siblings shall be conducted:
1) not later than 30 days after the Department is awarded custody
of a sibling group or of any child who has a sibling in placement;
2) when the Department changes the placement of any child with a
sibling, unless it is in the best interests of the child or sibling to be
placed apart, as delineated in subsection (b). Nothing in this Part shall
preclude removal of a child from a placement with a sibling when such removal
is necessary due to an emergency. An emergency includes but is not limited to
situations such as a fire or natural disaster destroying the caregiver's home,
behavior on the part of the child which poses a threat to the child or to
others in the home, incidents of abuse or neglect which put the child at
imminent risk of harm, etc.
h) The
placement decision can prove to be critical in the life of a case. When a
sibling group must be removed from its home, the Department should do
everything in its power to place the children together in substitute care.
This includes:
1) Selecting
a foster family or relative caregiver who can accept all of the children for
placement. This may require the caseworker to conduct a diligent search for
family members or a licensed foster family home that will accept all of the
children. While it is preferable for children to be placed together in one
home, the placing worker shall consider a plan for placement with two or more
relatives when the relatives indicate that they are willing and able to
develop, nurture and support sibling relationships.
2) Placing
step-siblings who enter care together initially, and re-evaluating continued
joint placement after the Integrated Assessment.
3) If
the children must be separated, identifying relative caregivers or foster
family homes that will support frequent sibling contact and visitation.
i) When
a child enters substitute care or requires a new placement, the Department
shall determine whether a sibling of that child is in the custody or
guardianship of the Department.
1) If
the Department determines that a sibling is in its custody or guardianship, the
Department shall then determine whether it is in the best interests of each of
the siblings for the child needing placement to be placed with the sibling.
2) If
the Department determines that it is in the best interest of each sibling to be
placed together, and the sibling's caregiver is able and willing to care for
the child needing placement, the Department shall place the child with the
sibling.
j) When
siblings are placed apart, the caseworker shall develop a Visitation and
Contact Plan.
1) The
Visitation and Contact Plan shall set forth future contact and visits between
the siblings to develop, preserve and nurture the siblings' relationships. The
Plan shall set forth the role of the caregivers and others in implementing
contact and visitation among the siblings. The caseworker shall ensure that
the Plan meets the minimum standards regarding frequency of in-person visits
provided in Sections 301.220 and 301.230.
2) The
Department shall document in the Visitation and Contact Plan why the siblings
were placed apart and the efforts made to place siblings together.
3) The
assigned caseworker shall file the Visitation and Contact Plan with the
Juvenile Court within 10 days, excluding weekends and holidays, after temporary
custody is awarded to the Department. The initial Visitation and Contact Plan
must be filed within 10 days after temporary custody is awarded, whether or not
a caseworker has been assigned to the case.
4) The
Visitation and Contact Plan shall be modified if one of the children moves to a
new placement, or as necessary to meet the needs of the children.
5) The
Visitation and Contact Plan may include contact and visitation with other
siblings not in the custody or guardianship of the Department, only with the
consent and participation of the parent or guardian of those siblings, or the
siblings themselves if over 18 years of age.
k) If an entire sibling group is not placed together, the
Department shall place as many siblings of the group together as possible,
considering their relationship and the best interests of the children.
l) If the Department determines it is not in the best interests
of the child to be placed with his or her siblings, the Department shall
identify in the child's case plan the reasons why the siblings were placed
apart. If siblings have been placed apart pursuant to subsection (a), the
Department shall document in the case file the efforts made to place siblings
together.
m) If an entire sibling group cannot be placed together, the
Department shall make reasonable efforts to place siblings within reasonable
proximity to one another, taking into account the placement requirements for
all Department cases as set forth in this Part. The Department may place a
child at greater distance from his or her siblings if his or her treatment
needs require placement farther away.
n) If the Department places siblings apart or siblings remain
placed apart after a change in placement, the efforts made to place siblings
together and the reasons why the siblings are placed apart shall be documented
on the Visitation and Contact Plan and specifically
reviewed at the first administrative case review following the placement to
ensure compliance with the requirements of this Section.
o) The
Department shall provide training for all DCFS and purchase of service
permanency workers, and their supervisors and managers, regarding the
importance of maintaining sibling relationships, 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. 666,
effective December 31, 2015)
ADMINISTRATIVE CODE TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY PART 301 PLACEMENT AND VISITATION SERVICES SECTION 301.80 RELATIVE HOME PLACEMENT
Section 301.80 Relative Home
Placement
a) A child for whom the Department is legally responsible may be
placed in the home of a relative when the Department has reason to believe that
the relative can safely and adequately care for the child in the absence of
formal licensing, including training. In determining whether relative home
placement is in the best interests of the child, the placing worker shall
consider the child's prior relationship with the relative, the comfort level of
the child with the relative, and the extent to which the relative complies with
the placement selection criteria of Section 301.60(b).
b) The placing worker shall assess the
prospective relative caregiver's willingness to help and support children in
developing a relationship with their siblings, including siblings with whom the
children do not yet have a relationship, and recognize the value of preserving
family ties between siblings, including their need for stability and continuity
of relationships, and the importance of sibling contact in the development of
each child's identity. The worker shall document the results of this
assessment in the case record.
c) "Fictive
kin" and "godparents", as defined in Section 301.20, are
considered to be related to a child when the child is in the custody or
guardianship of the Department and in need of a substitute care placement.
Unless otherwise specified, the requirements in this Section pertaining to
relative home placements also apply to placement with persons that the parents
or child have identified as fictive kin or the child's godparents.
d) The placing worker shall emphasize to prospective relative
caregivers that it is preferable for children to be placed together in one
home. However, the placing worker may consider a plan for placement with two
or more relatives when the relatives indicate that they are willing and able to
develop, nurture and support sibling relationships. When it is not possible to
place all of the children together, the placing worker shall encourage
substitute caregivers to encourage and facilitate contact among the siblings.
e) Obtaining Information
about Relatives
1) Child Entering
Substitute Care
A) The
placing worker shall ask the parents whether there is a non-custodial parent or
if there are relatives who may be positive placement resources or positive
supports for the child. The placing worker shall ask the parents and/or child
to identify grandparents and other relatives on both the maternal and paternal
sides of the family. When the child is able to understand that he/she will be
entering substitute care, the placing worker shall also ask the child, outside
the presence of the parents or any relative, about each relative named by the
parent as a placement resource. The placing worker shall document all
identified relatives and shall not omit from this list anyone named by the
parent or child.
B) When considering a godparent as a placement resource, the
placing worker may identify the godparent/godchild relationship by contacting
one or both parents to confirm the fact that they did, in fact, designate the
person as the child's godparent. If the parents are unavailable, the placing
worker shall contact other close family members to identify the relationship.
When the child is able to understand, the child shall also be asked to help
identify his/her godparent. The placing worker must determine that the
godparent established a close and caring relationship with the child prior to
the child's placement with the godparent or is part of the family support
system (see subsection (g)). When family members are not available or cannot
confirm this relationship, and formal documentation is not available, a person
claiming to be the child's godparent may be considered for placement as a
fictive kin.
C) When considering a fictive kin as a placement resource, the
placing worker must determine that the fictive kin established a close and
caring relationship with the child prior to the child's placement with the
fictive kin or is part of the family support system (see subsection (g)).
D) The
placing worker shall contact the persons identified by the parent and child to
attempt to locate an immediate placement for the child. The placing worker
shall document each contact in a contact note.
E) The
assigned Permanency Worker shall continue discussions with the parents and
child about any relatives who might be support resources for the child. The
Permanency Worker shall ask the child, outside the presence of the parents or
any relative, about each relative named by the parent as a placement resource.
F) The
Permanency Worker shall attempt to locate and interview each person named by
the parents or child, within 5 days after case assignment, to determine his or
her interest and ability to be an appropriate placement resource or positive
support for the child. In these interviews, the Permanency Worker shall ask if
the relative is aware of other relatives of the child who should be contacted.
The Permanency Worker shall identify and contact all grandparents, all parents
of a sibling of the child (when the parent has legal custody of the sibling),
and other adult relatives identified by the family, even when an initial
placement has been made with a relative caregiver. If the relative cannot be
contacted, the Placing Worker shall document the reason the relative could not
be contacted. All interviews shall be documented in a contact note. When
contacted by a relative who the Permanency Worker has not already interviewed,
the Permanency Worker shall meet with or call the relative. The Permanency
Worker shall interview the relative and ask the relative to confirm how he/she
is related to the child. If a sibling group is involved, the relative shall be
asked how he/she is related to each of the children.
G) The
Permanency Worker shall send a written notice, via U.S. Mail, to each
identified relative, informing the relative that a court order was issued for
the child to be removed from the custody of the child's parents and placed in
the custody of the Department of Children and Family Services. The written
notice shall identify the child by first name, gender and age only. At initial
placement, this written notice shall be sent within 30 days after obtaining protective
custody. In all other circumstances, written notice shall be sent within 7
days after obtaining the relative's postal contact information. This notice
shall not be sent to a relative for whom there is a police report, indicated
finding or court finding of family or domestic violence. The Permanency Worker
shall obtain a copy of the police report, indicated finding or court finding
and place it in the record.
H) If the
child does not know, trust or feel safe with a person named by the parent or
identified as a relative, the placing worker shall not place the child with
that person. The placing worker and supervisor shall convene a supervisory
staffing to discuss the child's feelings and determine and validate the child's
concerns. The supervisor shall make a Critical Decision regarding placement of
the child with that relative and document the decision in a supervisory note.
I) Throughout
the life of the case, the Permanency Worker shall continue to collect
information about other relative supports and connections as that information
becomes available, in order to develop a network of individuals who commit to
support the family toward reunification and ensure the children do not linger
in foster care.
2) Children in Substitute
Care Requiring Change of Placement
A) The
placing worker for the child shall continue to have discussions with the
parents about relatives who may be willing to be positive placement resources
for the child. When the child is able to understand, the placing worker shall
also ask the child, outside the presence of the parents or any relative, about
any relatives who might be support resources for the child and about any relative
named by the parent as a placement resource.
B) When considering a godparent as a placement resource, the
placing worker may identify the godparent/godchild relationship by contacting
one or both parents to confirm the fact that they did, in fact, designate the
person as the child's godparent. If the parents are unavailable, the placing
worker shall contact other close family members to identify the relationship.
When the child is able to understand, the child shall also be asked to help
identify his/her godparent. The placing worker must determine that the
godparent established a close and caring relationship with the child prior to
the child's placement with the godparent or is part of the family support
system (see subsection (g)). When family members are not available or cannot
confirm this relationship, and formal documentation is not available, a person
claiming to be the child's godparent may be considered for placement as a
fictive kin.
C) When considering a fictive kin as a placement resource, the
placing worker must determine that the fictive kin established a close and
caring relationship with the child prior to the child's placement with the
fictive kin or is part of the family support system (see subsection (g)).
D) The
placing worker shall contact all relatives identified by the parents or child,
as well as any others previously contacted who expressed interest in being a
placement resource. The placing worker shall reconsider any relative who
expressed an interest in being a placement resource or, if previously
considered, asks to be reconsidered for placement, as the circumstances of the
relative or the child may have changed. Each contact shall be documented in a
contact note.
f) The
placing worker shall inform prospective relative caregivers that they may be
contacted in the future regarding placement of the siblings of a child who may
subsequently require placement, or contact with siblings in other living
arrangements or living independently.
g) Assessing Relatives as
Placement Resources
When assessing
a relative as a placement resource, the placing worker shall also consider:
1) The
best interests of the child as defined in Section 1-3 of the Juvenile Court Act
[705 ILCS 405/1-3];
2) The
nature and quality of the relative's relationship with the child. This
includes the length of time the child has been in care and whether this
relative has been part of the child's life during that time;
3) The relative's
ability to protect the child from abusive parents and/or his or her own risk
behaviors;
4) The relative's
ability to understand the needs of the child and family and the indicated
findings and court findings that have been made with regard to the child and
family;
5) Whether
the relative was involved with the family dynamics that led to the removal of
the child from his/her parents;
6) The relative's
role, if any, in resolving or intervening in the present situation;
7) The relative's
willingness to work with the Permanency Worker and the Child and Family Team in
implementing the Family Service Plan;
8) The relative's
willingness to work towards the permanency goal and accept necessary services;
9) Adequacy
of personal supports to ensure the relative's ability to care for and meet the
child's identified needs;
10) In cases involving domestic violence, mental health and/or
substance abuse, how placement with the relative supports the ability of the
parents to meet the requirements of the service plan and/or have safe contact
with the child; and
11) If siblings are being placed together and one of the siblings
does not trust or feel safe with the relative, the placing worker shall ask the
child (when verbal), outside the presence of the parents and any relative,
about the relative.
h) No child under age 18 for whom the Department is legally
responsible shall be placed with a relative unless the conditions for placement
specified in this Section have been met prior to placement of the child with
the relative. Staff of the placing agency shall meet with the relative and
ascertain that the relative meets the following conditions for placement and
signs an agreement to that effect. The relative:
1) will care for no more than the number of children consistent
with the number and ages of children permitted in a licensed foster family home
(89 Ill. Adm. Code 402, Licensing Standards for Foster Family Homes);
2) is willing and capable of protecting the children from harm by
the parents or any other person whose actions or inactions allegedly threatened
the children's safety or well-being as determined by a child abuse or neglect
investigation pursuant to the Abused and Neglected Child Reporting Act [325
ILCS 5];
3) agrees not to transfer physical custody of the children to
anyone, including parents or other relatives, unless previously authorized in
writing by the Department;
4) agrees not to allow the indicated or alleged perpetrators of
abuse or neglect to reside in the relative's home unless previously authorized
in writing by the Department;
5) agrees to notify the Department of any changes in the
household composition;
6) agrees to notify the Department of any change of address prior
to moving;
7) agrees to seek the prior written consent of the Department for
non-emergency medical, psychological or psychiatric testing or treatment;
8) agrees to take the children out of state only if previously
authorized in writing by the Department;
9) agrees to abide by any conditions or limitations on the
parent-child visitation plan;
10) is willing to cooperate with the agency, the children's
parents and other resource persons to help develop and achieve the permanency
goal recorded in the children's service plan;
11) agrees to adequately supervise the children so they are not
left in situations or circumstances which are likely to require judgment or
actions greater than the child's level of maturity, physical condition, and/or
mental abilities would reasonably dictate;
12) agrees not to subject the child to corporal punishment,
verbal abuse, threats, or derogatory remarks about the child or the child's
family;
13) agrees that any and all firearms and ammunition shall be
locked up at all times and kept in places inaccessible to children. No firearms
possessed in violation of a State or federal law or a local government
ordinance shall be present in the home at any time; and
14) agrees
to sign, and have all members residing in the home age 18 and over sign, an
authorization for a criminal background check and agrees to be fingerprinted no
later than 30 days after the placement for a child placement decision.
i) Prior to placement with a relative, staff of the placing
agency shall visit the home of the proposed caregiver and shall determine
whether the following conditions for placement are met:
1) background checks of the Child Abuse Neglect Tracking System
(CANTS) as required by 89 Ill. Adm. Code 385 (Background Checks) and a check of
the Statewide Child Sex Offender Registry have been completed on all adult
members of the household and children age 13 and over, communicated to the
supervising agency prior to placement, and appropriate decisions made. If a
report of abuse or neglect exists, staff of the placing agency have made
appropriate decisions whether the child should be placed with the relative
based on the following considerations:
A) the type of indicated abuse and neglect;
B) the age of the individual at the time of the report;
C) the length of time that has elapsed since the most recent
indicated report;
D) the relationship of the report to the ability to care for the
related children; and
E) evidence of successful parenting;
2) a check of the Law Enforcement Agency Data System (LEADS) on
all adult members of the household and children age 13 and over is completed
prior to placement of the related children. If the results of the LEADS check
identify prior criminal convictions listed in Appendix A for any adult member
of the household, children shall not be placed in the relative's home unless a
waiver has been granted in accordance with the requirements of Appendix A;
3) the home is free from observable hazards;
4) prescription and non-prescription drugs, dangerous household
supplies, and dangerous tools are stored in places inaccessible to children;
5) any and all firearms and ammunition are locked up at all times
and kept in places inaccessible to children;
6) basic utilities (water, heat, electricity) are in operation;
7) sleeping arrangements are suitable to the age and sex of the
children;
8) meals can be provided daily to the related children in
sufficient quantities to meet the children's nutritional needs;
9) supervision of the related children can be assured at all
times, including times when the relative is employed or otherwise engaged in
activity outside of the home;
10) the relative can provide basic necessities for themselves and
their own children;
11) the relative can access health care and provide necessary
in-home support for any health care needs of the related children;
12) no member of the household appears to have a communicable
disease that could pose a threat to the health of the related children or an
emotional or physical impairment that could affect the ability of the caregiver
to provide routine daily care to the related children or to evacuate them
safely in an emergency;
13) there is no evidence of current drug or alcohol abuse by any
household member as determined by the placing agency's observations and
statements provided by the relative;
14) the relative has the ability to contact the agency, if
necessary, and the ability to be contacted;
15) the relative has immediate access to a telephone when the
related child has medical or other special needs;
16) the relative shall cooperate with the supervising agency's
educational and service plan for the child;
17) the relative is able to communicate with the child in the
parent's or child's preferred language.
j) Address
Supervision and Discipline with Relative Caregivers
1) At
the initial visit, and at each subsequent home visit, the placing worker or
permanency worker is required to discuss with the relative caregiver the
importance of always using age-appropriate supervision and discipline that meet
the child's identified needs. Caregivers are prohibited from using corporal
punishment. The discussion must include information about trauma-based
reactive behaviors and should emphasize the negative effects that result from
the use of corporal punishment, as well as use of derogatory or demeaning
language towards the child or his/her family members.
2) To
ensure that relative caregivers understand their responsibility to provide
adequate supervision of the children in their home, Permanency Workers are also
required to discuss supervision during monthly home visits.
k) Fictive
Kin: Requirement to Apply for Licensure
1) A
fictive kin with whom a child is placed shall apply for licensure as a Home of
Relative (HMR) foster family home within 6 months after the child's placement
with the fictive kin.
2) A
child may not be removed from the home of a fictive kin solely on the basis
that the fictive kin failed to apply for licensure as an HMR foster family home
within 6 months after the child's placement in the home, or failed to attain an
HMR foster family home license. However, a fictive kin who fails to apply for
or obtain an HMR foster family home license shall at all times be in compliance
with 89 Ill. Adm. Code 301.80 (Relative Home Placement).
l) Within
90 days after initial placement of a relative child, a placement decision shall
be determined by a supervisor of the placing agency based on the assessment
criteria and conditions for placement listed in subsections (d), (e) and (f).
The placement decision shall also consider the results of a criminal background
check of all persons 18 years and older who are living in the home and whether
continued placement with that relative is in the best interests of the child.
m) Prior to or concurrent with placement in a relative's home,
staff of the placing agency shall document, on the form prescribed by the
Department, that the conditions for placement prescribed by this Section have
been met.
n) The supervising agency shall reassess the appropriateness of
the relative home placement on an on-going basis and at least prior to each
administrative case review or at any point the supervising agency has reason to
believe the relative caregiver can no longer safely or adequately care for the
children. Appropriateness is determined by ongoing reassessment of the best
interests of the child and the relative as a placement resource, as required in
subsection (g), and the extent to which the home is in compliance with the
conditions described in subsections (h) and (i) and by an evaluation of the
continued safety of the children, including an evaluation of any pending
criminal charges against any adult members of the household.
o) The Department may, after providing notice as required by 89
Ill. Adm. Code 337 (Service Appeal Process), move the child to another
placement if the Department determines, based on the consideration and
assessment of the safety and well-being of the child, the child's permanency
goal, and the best interests or special needs of the child, that an alternative
placement is necessary.
p) Only placements in licensed foster family homes receive the
foster care payment rate. Relatives who care for children for whom the
Department is legally responsible are encouraged to apply for licensure as a
foster family home in accordance with the requirements of 89 Ill. Adm. Code 402
(Licensing Standards for Foster Family Homes). When a relative is licensed
under Part 402, the relative will receive the established foster care payment
rate appropriate for the number and ages of foster children placed in care. Relatives
who are unlicensed receive the child only standard of need.
(Source: Amended at 43 Ill.
Reg. 5680, effective May 3, 2019)
|
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.90 FOSTER FAMILY HOME CARE
Section 301.90 Foster Family
Home Care
a) Foster family home care is provided in licensed foster family
homes for children who cannot remain in the home and who can benefit from a
family structure of care. The Department shall have legal responsibility for
the child before the child is placed in a foster family home. The home shall
have received a license or permit under the provisions of 89 Ill. Adm. Code 402
(Licensing Standards for Foster Family Homes) before it receives children for
foster care payment.
b) The
Department shall provide specialized foster care services for a child in the
custody or guardianship of the Department who requires such services due to
emotional, behavioral, developmental or medical needs, or any combination
thereof, or any other needs which require special intervention services, the
primary goal being to maintain the child in foster care or in a permanency
setting. [20 ILCS 505/5.30(a)]
1) A
child's eligibility for specialized foster care services, and the specific
service interventions needed, shall be determined based upon:
A) The
results of the Child and Adolescent Needs and Strengths (CANS) assessment tool,
assessing the following child traits, domains and functioning:
i) Trauma
experiences;
ii) Trauma
stress symptoms;
iii) Child
strengths;
iv) Life
domain functioning;
v) Acculturation;
vi) Child
behavioral/emotional needs; and
vii) Child
risk behaviors; and
B) One of
the following:
i) The
recommendation of the Child and Youth Investment Team (CAYIT) developed at a
staffing convened specifically to address the child's eligibility for
specialized foster care services; or
ii) A
referral from the Division of Child Protection of a child new to care for an
assessment by Department Specialized Foster Care Unit staff; or
iii) The
recommendation of Department clinical staff when a child in the custody or
guardianship of the Department is discharged from a psychiatric hospital.
2) Examples
of medical conditions that may require specialized foster care services
include, but are not limited to:
A) The
child has a life threatening disease as documented by a medical professional
(e.g., brain tumor, cancer);
B) The
child is dependent on life saving equipment (e.g., ventilator dependent,
dialysis equipment, oxygen 24 hours a day);
C) The child
has a medical/physical condition or impairment that requires an extraordinary
level of daily supervision and/or assistance;
D) The
child is a quadriplegic;
E) The
child has severe physical limitations due to multiple physical conditions;
F) The
child is currently in a psychiatric hospital or has been psychiatrically
hospitalized within 72 hours after day of intake; or
G) The
child is an alleged sexual perpetrator confirmed by a delinquency petition
and/or an Indicated SCR report.
3) Examples
of other behavioral and mental health issues that may warrant consideration for
specialized foster care services include, but are not limited to, sexual
victimization, sexual aggression, fire setting, juvenile delinquency,
compulsive behaviors, mental retardation, substance abuse problems or mental
illness. Behavioral health services shall be provided as described in 89 Ill.
Adm. Code 302.390 (Behavioral Health Services).
4) When
assessing whether a child with a condition or behavior described in subsections
(b)(1) through (3) requires specialized foster care services, the Department
shall also consider the following 4 factors, cumulatively:
A) The
child's individual functioning in his or her home, school and community;
B) The
child's current or recommended involvement in identified services;
C) The
child's degree of need as defined by the recommended intensity and/or frequency
of services; and
D) The
caregiver's required level of participation in activities and/or services
needed to meet the child's treatment and educational needs.
5) When
the Department determines that a child requires specialized foster care
services, the Department shall provide the following minimum services:
A) Develop
and implement a treatment plan in the best interests of the child that will
help stabilize, and when possible lessen or alleviate the child's special
needs.
B) Assess
the foster parents with whom the child is placed or may be placed for the
ability, experience and willingness to meet the child's needs.
i) Caregivers
shall be required to complete child-specific training, when recommended by the
Department or the child's medical/treatment provider.
ii) Caregivers
shall complete 12 hours of training per year that is tailored specifically to
the child's medical and/or mental health needs and functioning. This training
shall be separate from the training hours required for licensure or license
renewal. The agency providing case management for the child shall provide
training or identify training resources to meet this requirement and shall
ensure that the caregivers are able to meet the needs of the child. Caregiver
training shall be documented in the case record and in the caregiver's
licensing record.
iii) Caregivers
shall support visitation with parents, siblings or members of the extended
family.
iv) Caregivers
for a child who has complex health problems (e.g., a child who has asthma or a
seizure disorder, uses a wheel chair, requires a feeding tube, is visually
impaired or has a speech impairment, etc.) are able and willing to provide
appropriate care for the child.
v) Caregivers
for a child who has a developmental, emotional, psychological or mental health
disorder, such as compulsive behaviors, mental retardation, substance abuse
problems or mental illness, are able and willing to provide appropriate care
for the child.
vi) Caregivers
are able and willing to transport the child to and from required treatment and
services.
vii) Other
factors that shall be considered in selecting a child's placement are those specified
in this Part and in 89 Ill. Adm. Code 301 (Placement and Visitation Services).
C) Monitor
the child's health, safety and wellbeing and the child's and caregiver's
compliance with the service plan. The child's caseworker shall:
i) visit
the child at least 3 times per month. At least one visit per month must take
place in the caregiver's home;
ii) arrange
for all recommended support services, mental health and/or medical treatment
for the child, contact each service provider monthly, and obtain written client
progress reports from each service provider on a quarterly basis;
iii) participate
in the quarterly Child and Family Team Meetings;
iv) participate
in the semiannual Administrative Case Reviews; and
v) request
a CAYIT if the child's needs cannot be met in his or her current placement
setting, even with additional services or supports. The CAYIT team shall
develop recommendations regarding services, interventions and placement
settings best able to meet the child's needs.
6) The
child's caseworker shall incorporate all recommended services into the child's
portion of the client service plan.
7) The
Department staff who conduct assessments of children for specialized foster care
services in subsections (b)(1)(B) through (D) shall possess the following
minimum qualifications: a Master's in Social Work or Psychology, or be a
Licensed Clinical Social Worker (LCSW), Professional Counselor (LPC), Clinical
Professional Counselor (LCPC), or Clinical Psychologist.
8) The
CAYIT team in subsection (b)(1)(B) shall be comprised of the following
Department staff: a CAYIT Reviewer who is a Licensed Clinical Social Worker
(LCSW), Clinical Professional Counselor (LCPC), or Clinical Psychologist; a
CAYIT Facilitator, who convenes the CAYIT staffing; a CAYIT Implementation
Coordinator, who is responsible for monitoring implementation of the
recommendation; and the child's caseworker and the casework supervisor. Other
persons who shall be invited to the CAYIT staffing include: providers who are
serving the child (e.g., psychologist, educational advisor, nurse), the child's
foster parents/relative caregivers, the child's guardian ad litem and the
biological parents (when appropriate). Children over 12 years of age are
expected to participate in the CAYIT staffing unless deemed clinically
inappropriate by the CAYIT Reviewer.
9) The
Department shall monitor implementation of the recommended services until all
of the recommendations are implemented.
A) After
a CAYIT staffing, described in subsection (b)(1)(B), the CAYIT Implementation
Coordinator shall monitor implementation.
B) After
assignment of case by the Department Specialized Foster Care Unit staff, described
in subsection (b)(6)(C), the child's caseworker and casework supervisor shall monitor
implementation. The caseworker and supervisor shall also incorporate in the
client service plan those services recommended as a result of the comprehensive
assessment required in 89 Ill. Adm. Code 315.100(b).
C) After
a recommendation of Department clinical staff, described in subsection
(b)(1)(D), Department clinical staff shall monitor implementation.
10) The
treatment plan shall be reviewed at least annually and modified, if necessary,
to ensure that services identified in the treatment plan continue to be
appropriate to promote stability and meet the needs of the child.
A) The
Department's Specialized Foster Care Unit shall facilitate the review of the
child's treatment plan, in collaboration with the Department's clinical and
other service divisions.
B) Based
on the information presented at the staffing and completion of the CANS
assessment tool, staff of the Department's Specialized Foster Care Unit shall
make one of the following recommendations:
i) Continuation
of the services in the treatment plan; or
ii) Modification
of the treatment plan to include additional services deemed necessary to
promote stability and meet the child's needs or remove any services deemed to
be ineffective or no longer necessary to promote stability and meet the child's
needs.
11) After
each review pursuant to subsection (b)(10), the child's caseworker shall
incorporate all recommended services into the child's portion of the client
service plan. The caseworker and casework supervisor shall monitor
implementation of those services.
12) Children
for whom the Department is legally responsible who are adopted and are eligible
for adoption assistance as defined in 89 Ill. Adm. Code 302.310 (Adoption
Assistance), or for whom guardianship is transferred pursuant to 89 Ill. Adm.
Code 302.405 (Subsidized Guardianship Program), may be eligible to receive
services that are similar to the specialized foster care services described in
this subsection (b).
A) The
determination that an adopted child or a child in a Subsidized Guardianship
living arrangement requires services similar to specialized foster care
services shall be based on the results from the CANS assessment tool and the recommendation
of the Department's Post-Adoption Committee.
B) The
Post-Adoption Committee shall be comprised solely of Department staff selected
by the Director (or designee) and shall include clinical staff, a Registered
Nurse and a post-adoption worker. Clinical staff conducting the assessment
shall possess a Master's in Social Work (MSW) or Psychology, or be a Licensed
Clinical Social Worker (LCSW), Professional Counselor (LPC), Clinical
Professional Counselor (LCPC), or Clinical Psychologist.
i) The
Post-Adoption Committee shall identify the services, if any, needed to maintain
the adoption or subsidized guardianship placement. This may include new
services for the child or an increase in services that the child is currently
receiving under the subsidy.
ii) When
the identified services are Medicaid-eligible or can be obtained through
available community services, the child's adoptive parents or guardians shall
be required to utilize and exhaust those services before asking the Post-Adoption
Committee to increase the amount of the subsidy to pay for the services.
iii) When
the services are not Medicaid-eligible or cannot be obtained through community
services, or when the services have been exhausted, the Post-Adoption Committee
may amend the amount of the adoption or guardianship subsidy to pay for the
services.
13) The Department shall conduct training of Department and
purchase of service agency staff responsible for implementing this subsection
(b).
c) Although foster family home care is generally provided to
children whose parents are unable or unwilling to protect or care for them, it
is also available for hearing impaired children who require special education
not available in their home communities. The Department is not legally
responsible for the children receiving this unique placement service. Care is
provided in cooperation with the Illinois State Board of Education.
(Source: Amended at 34 Ill.
Reg. 7898, effective May 31, 2010)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.100 RESIDENTIAL CARE
Section 301.100 Residential
Care
Residential care is provided in
licensed group homes and residential care facilities (child care institutions).
Group home care is provided for youth unable to adjust to family living who
need a less structured living situation than is provided in residential care
facilities. Placement in a residential care facility shall be made only when no
other less restrictive setting is appropriate for children requiring intensive
services to change behaviors which significantly interfere with their ability
to cope with daily life or which preclude placement in a family setting.
(Source: Added at 19 Ill. Reg. 9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.110 CARE IN A MEDICAL/PSYCHIATRIC FACILITY
Section 301.110 Care in a
Medical/Psychiatric Facility
Care in a medical or psychiatric
facility is provided for:
a) children who require long term care on an ongoing basis in an
intermediate or skilled nursing care facility because of a severe physical or
mental disability.
b) children who require acute or long term care on an ongoing
basis because of a severe emotional handicap.
(Source: Added at 19 Ill. Reg. 9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.120 SHARING APPROPRIATE INFORMATION WITH THE CAREGIVER
Section 301.120 Sharing
Appropriate Information with the Caregiver
a) At the time the Department places a child in substitute care
(e.g., foster home, relative caregiver, adoptive home, group home or child care
institution) or prior to the placement of the child, whenever possible, the caseworker
shall provide the caregiver with a written summary of available information
about the child necessary for the proper care of the child.
1) In
the case of emergency placements when time does not allow prior review,
preparation, and collection of written information, the caseworker shall
provide such information to the caregiver verbally as it becomes
available.
2) Within
10 business days after placement the caseworker shall obtain from the caregiver
a signed verification of receipt of the information provided.
3) The
information provided to the caregiver shall be reviewed and approved
regarding accuracy by the caseworker's supervisor.
b) Within
10 business days after placement, the caseworker shall provide to the
child's guardian ad litem a copy of the information provided to the caregiver.
[20 ILCS 505/5(u)]
c) The information to be provided to the caregiver shall include:
1) the medical history of the child, including known medical
problems or communicable diseases, information concerning the immunization
status of the child, and insurance and medical card information;
2) the educational history of the child, including any special
educational needs and details of the child's individualized educational plan
(IEP), Individual Family Service Plan (IFSP) when the child is receiving
special education services, or 504 Educational Special Needs Plan, if
applicable;
3) a copy of the child's portion of the client service plan, including
any visitation arrangements and all amendments or revisions; case history of
the child, including how the child came into care; the child's legal status;
the permanency goal for the child; a history of the child's previous placements;
and reasons for placement changes, excluding information that identifies or
reveals the location of any previous foster or relative home caregiver; and
4) other relevant background information about the child of which
the caseworker is aware, including but not limited to any prior criminal
history; information about any behavior problems, including fire setting,
perpetration of sexual abuse, destructive behavior and substance abuse habits;
likes and dislikes; etc. Mental health information can be shared only as
specified in 89 Ill. Adm. Code 431.110 (Disclosure of Information of a Mental
Health Nature).
d) The caregiver may review the supporting documents in
the child's file in the presence of casework staff. [20 ILCS 505/5(u)]
e) Information subject to the Mental Health and Developmental
Disabilities Confidentiality Act shall be shared only in accordance with 89
Ill. Adm. Code 431.100 (Disclosure of Information of a Mental Health Nature).
f) Information regarding Acquired Immunodeficiency Syndrome
(AIDS), AIDS Related Complex (ARC) or Human Immunodeficiency Virus (HIV) test
results shall be shared only in accordance with 89 Ill. Adm. Code 431.110
(Disclosure of Information Regarding Acquired Immunodeficiency Syndrome (AIDS)).
(Source: Amended at 34 Ill.
Reg. 7898, effective May 31, 2010)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.130 MEDICAL EXAMINATIONS FOR CHILDREN IN PLACEMENT
Section 301.130 Medical
Examinations for Children in Placement
The Department shall ensure
that:
a) all children entering substitute care receive an initial
health screening within 24 hours of the Department assuming legal custody of a
child, preferably, before placement, regardless of the type of custody (i.e.,
protective custody, temporary custody, or voluntary placement agreement);
b) all children for whom the Department is awarded temporary
custody receive a comprehensive health evaluation which meets the requirements
of the Department of Public Aid's Early and Periodic Screening, Diagnosis and
Treatment (EPSDT) schedule within 21 days of the date on which the Department
was given temporary custody of a child; and
c) all children entering substitute care via a voluntary
placement agreement receive a comprehensive health evaluation within 21 days of
the date on which the Department accepted custody of the child via the
voluntary placement agreement.
(Source: Added at 19 Ill. Reg. 9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.140 EDUCATION OF CHILDREN WHILE IN PLACEMENT
Section 301.140 Education of
Children While in Placement
When children are placed in
substitute care, the Department shall ensure that they are enrolled in school
in accordance with the provisions of 89 Adm. Code 314, Educational Services and
that they receive the educational services required by that Part.
(Source: Added at 19 Ill. Reg. 9438, effective July 1, 1995)
SUBPART B: VISITATION SERVICES
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.200 PURPOSE
Section 301.200 Purpose
The purpose of this Subpart is
to describe the Department's policy regarding visitation among children who are
placed in substitute care and their parents, siblings and grandparents.
(Source: Added at 20 Ill. Reg. 9518, effective July 5, 1996)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.210 FAMILY-CHILD VISITATION
Section 301.210 Family-Child
Visitation
a) The Department recognizes that there is a strong correlation
between regular parental visits and contacts with a child and the child's
discharge from placement services. Therefore, when a child is in placement and
the permanency goal is return home, parent-child visits, telephone calls at
reasonable hours, and mail are encouraged unless they have been prohibited by
court order. The name, address and telephone number of the foster
parent/relative caregiver shall not be disclosed to the parents until the assessment
has been completed and a determination has been made whether to disclose the
information in accordance with Section 301.440(a). The responsible agency
shall arrange for parent-child visits and shall advise parents that repeated
failure to visit according to the visiting plan shall be considered a
demonstration of a lack of parental concern for the child and may result in the
Department seeking a termination of parental rights.
b) When the permanency goal is return home, a visiting plan
shall:
1) be established before placement or within three working days
after placement out-of-home unless the placement was an emergency;
2) be established within ten working days after an emergency
placement;
3) specify that visits are to begin immediately;
4) specify that parents shall be expected to visit weekly unless
there is documentation to the contrary in the case/record;
5) increase in length unless specific harm to the child is caused
by the visits;
6) specify visiting in the home of the child's parents, if
consistent with the safety and well-being of the child. When visits in the
home of the child's parents are not consistent with the child's safety and
well-being, visits shall be in the most homelike setting possible. Office
visits are acceptable if structure is necessary to evaluate or protect the
child;
7) specify how contacts are to be maintained if the determination
has been made not to release identifying information regarding the foster
parent/relative caregiver in accordance with Section 301.440(a); and
8) specify the responsibilities of the Department, the purchase
of service providers, the parents, and the child in regard to visitation.
(Source: Amended at 25 Ill. Reg. 11803, effective September 14, 2001)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.220 SIBLING VISITATION
Section 301.220 Sibling
Visitation
a) The Department or purchase of service agency shall schedule
and provide visits among all siblings in substitute care who are placed apart
at least twice per month, beginning as soon as possible, but not later than two
weeks, after the Department is awarded temporary custody of any sibling,
unless:
1) a court has ordered that sibling visits occur less frequently
or not at all; or
2) one sibling may physically, mentally or emotionally harm
another during the visit, and supervision would be inadequate to eliminate the
risk of that harm as determined by prior observation or documentation of sibling
interaction as recorded in the child's case file. The specific risk and the
basis for assessing that risk shall be documented in the child's case file.
b) Neither the Department nor its contractual agencies shall withhold
or reduce nor seek to have a court withhold or reduce the frequency of visits
based on the unavailability of a supervisor for the visits or as a form of
discipline.
c) A Visitation and Contact Plan, specifying the frequency of
sibling visits and other approved forms of contact, shall be developed by the
siblings' caseworkers, foster parents, and the children/siblings and filed with
the juvenile court within 10 days after award of temporary custody of the
siblings. The Visitation and Contact Plan shall be included in the Family
Service Plan.
d) The Visitation and Contact Plan may be included as a part of
and implemented in coordination with a plan for parent-child visits. The
frequency of sibling visitation shall in no way be affected by the failure of
any parent to visit his or her children for any reason.
e) A sibling visit can be scheduled to occur simultaneously with
parent-child visitation, but the sibling visit will be deemed to have occurred
only if all siblings are present at the parent-child visit.
f) The Visitation and Contact Plan shall specify the duration of
sibling visits and shall also include the location and supervision to be
provided for visits. A brief statement of the reasons for selecting the
frequency and duration of sibling visits as specified in the visitation plan
shall also be recorded in the plan.
g) After
completion of each child's Individualized Assessment, the caseworker shall
review the Visitation and Contact Plan to ensure the plan addresses the
individualized needs of each child. The Visitation and Contact Plan shall be
reviewed on an ongoing basis to determine whether it is possible to allow
increased contact and visitation among the siblings. Any time contact and
visitation can be increased, the caseworker should ensure it is done.
Caregivers should be encouraged to allow siblings to visit each other at
holidays, milestones (e.g., birthdays, graduations), etc. Holidays should
include nationally recognized holidays as well as holidays recognized by the
culture of the family of origin.
h) The Visitation and Contact Plan should be amended every time a
sibling moves and as necessary to meet the needs of the children.
(Source: Amended at 40 Ill. Reg. 666, effective December 31, 2015)
ADMINISTRATIVE CODE TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY PART 301 PLACEMENT AND VISITATION SERVICES SECTION 301.230 CONTACT AMONG SIBLINGS PLACED APART
Section 301.230 Contact
Among Siblings Placed Apart
a) Unless the Department determines that it is not in the child's
best interests to be provided information on a sibling's whereabouts or to have
his or her whereabouts provided to his or her siblings, or a court has
prohibited disclosure of this information, the Department shall promote contact
and communication among siblings placed apart by taking the following actions:
1) the Department or purchase of service agency shall provide
children and their foster parents or other caregiver with each sibling's birth
date and the name, address, and telephone number of the foster parent or other caregiver
of each sibling placed by the Department in substitute care. The Department
shall also provide the birth date and the name, address and telephone number of
siblings in the custody of a parent, adoptive parent, legal guardian or adult
sibling, if that information is or becomes known to the Department;
2) the Department or purchase of service agency shall provide
children who are in the care of their parents with the name, address and
telephone number of siblings in the custody/guardianship of the Department,
unless:
A) the Department or purchase of service agency has determined
that it is not in the child's best interests to provide information on his or
her whereabouts to his or her siblings, and the Department has notified each
child's attorney and guardian ad litem in accordance with subsection (b);
B) the Department or purchase of service agency has determined
that identifying information of the foster parent/relative caregiver shall not
be released to the sibling based on the results of the assessment completed in
accordance with Section 301.440(a), and each child's attorney and guardian ad litem
has been notified in accordance with Section 301.440(b); or
C) a court has prohibited disclosure of this information;
3) whenever
a child is moved to another placement, the Department shall:
A) give
written notice of the name, address and telephone number of the child's new
foster parent or other caregiver to each sibling and the foster parent or other
caregiver of each sibling, in writing, within seven days after the move; and
B) review
and, if necessary, amend the Visitation and Contact Plan in consultation with
the caseworkers, foster parents, caregivers, children/siblings and other
appropriate parties;
4) the Department shall encourage foster parents and caregivers
to allow children in their care to use available modes of communication (e.g.,
telephone, cell phone, letter writing, email, video conferencing, etc.) to
contact their siblings between visits as often as the children wish, provided,
however, that, if necessary, a plan for scheduling reasonable contact may be
established by the children's caseworker, together with the foster parent or
other caregiver and the children. This plan shall be incorporated in the Visitation
and Contact Plan.
b) If the Department determines that it is not in a child's best
interests to be provided information on a sibling's whereabouts or to have
information on his or her whereabouts provided to his or her siblings, the
Department shall notify each child's attorney and guardian ad litem in writing
within seven days after that determination. The Department shall also record
the reasons for that determination in the children's case records.
c) Neither the Department nor its purchase of service or other contractual
agencies shall withhold or restrict, or seek to have any court withhold or restrict,
contact among siblings as a form of discipline under any circumstances.
(Source: Amended at 40 Ill. Reg. 666, effective December 31, 2015)
|
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.240 GRANDPARENT AND GREAT-GRANDPARENT VISITATION
Section 301.240 Grandparent and
Great-Grandparent Visitation
Not later than February 11, 2016, and every 5
years thereafter, the Department shall revise the rules on granting visitation
privileges to a non-custodial grandparent of a child who is in the care and
custody of the Department. [20 ILCS 505/35.8]
a) The
Department shall make reasonable efforts and accommodations to provide for
visitation privileges of a child who is in the care and custody of the
Department. Any visitation privileges provided under this Section shall be
separate and apart from any visitation privileges provided to a parent of the
child. The Department shall provide visitation privileges only if doing so is
in the child's best interest, taking into consideration the factors set out in
Section 1-3 (4.05) of the Juvenile Court Act of 1987 and the following
additional factors:
1) The
mental and physical health of the grandparent or great-grandparent;
2) The
quantity or duration of the visitation time requested and the potential adverse
impact the visitation would have on the child's customary activities;
3) Any
other fact that establishes that the loss of the relationship between the child
and the grandparent or great-grandparent is likely to unduly harm the child's
mental, physical, or emotional health; and
4) Whether
visitation can be structured in a way to minimize the child's exposure to
conflicts between adult family members.
b) The
Department shall make reasonable and diligent efforts to provide a written
response to the grandparent's/great-grandparent's initial request for
visitation within 45 calendar days after the date the request is received.
Exceptions to the Department's 45 calendar day response timeline include, but
are not limited to:
1) Inability
to obtain a completed Illinois or out-of-state LEADS check on all members of
the grandparent's/great-grandparent's household, when visitation will take
place in the grandparent's/great-grandparent's home;
2) Inability
to sufficiently mitigate any positive LEADS hits;
3) Inability
to obtain a completed home assessment of the grandparent's/great-grandparent's
home; or
4) Inability
to obtain Illinois or out-of-state child protection background checks on all
members of the grandparent's/great-grandparent's household.
c) Any
visitation privileges provided under this Section shall automatically terminate
upon the child leaving the care or custody of the Department.
d) The
Department may deny a request for visitation after considering the criteria provided
under subsection (a). If the Department determines that a grandparent or
great-grandparent is inappropriate to serve as a visitation resource and denies
visitation, the Department shall document the basis of its determination and
maintain the documentation in the child's case file and shall inform the
grandparent or great-grandparent, in writing, of his or her right to a
clinical review. [20 ILCS 505/35.9]
e) Upon
receipt of a request for a clinical review, the DCFS and/or POS casework staff shall
submit the request to the DCFS Regional Clinical Manager within 7 business days
so that the review may be scheduled. The clinical review must be conducted
within 21 business days after the case is assigned to Regional Clinical staff.
The review convener shall notify the caseworker and supervisor to begin
staffing within three business days after assignment, and shall provide the
caseworker and supervisor the completed summary report, within 10 business days
after the completion of the review. Once a recommendation is received by the
caseworker and supervisor, it shall be added to the child's case file and a
written notice of the recommendation and the basis for the recommendation shall
be sent to the requesting grandparent/great-grandparent within 14 calendar
days.
f) The
requesting grandparent/great-grandparent may attend the review provided under
this Section. Other attendees may include a support person of the
grandparent's/grandparent's choosing, in addition to others requested or
required by the DCFS Clinical Division.
g) The
Department shall notify the parents of a youth-in-care whenever a
grandparent/great-grandparent requests a clinical review and shall notify the
parents of the recommendation of the review.
(Source: Amended at 43 Ill. Reg. 5680, effective May 3, 2019)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.250 SIBLING VISITATION AND CONTACT WITH ADOPTED SIBLINGS AND SIBLINGS IN PRIVATE GUARDIANSHIP
Section 301.250 Sibling Visitation and Contact with
Adopted Siblings and Siblings in Private Guardianship
a) When one or more members of a sibling group
is/are placed apart by the Department for adoption or subsidized guardianship,
the Department shall encourage the adoptive parents/legal guardian to develop a
Visitation and Contact Plan or Post-Permanency Sibling Contact Agreement to
enable continued contact among all of the siblings.
b) The Department shall offer to assist the parties
in developing the Plan or Agreement, provide services to the parties
post-permanency to support them in implementing and maintaining agreements, and
assist them in amending agreements as necessary to meet the needs of the
children. A copy of the Plan or Agreement shall be placed in the
adoption or guardianship record.
(Source: Added at 40 Ill. Reg. 666,
effective December 31, 2015)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.255 SIBLING VISITATION WITH AND AMONG ADULT SIBLINGS
Section 301.255 Sibling Visitation with and Among Adult
Siblings
When one or more (but fewer than all) members of a sibling
group are adults or emancipated youth, the Department shall offer to develop a
Visitation and Contact Plan or Post-Permanency Sibling Contact Agreement to
enable continued contact among all of the siblings.
(Source: Added at 40 Ill. Reg. 666,
effective December 31, 2015)
SUBPART C: FOSTER CARE PLACEMENT GOAL
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.310 PURPOSE
Section 301.310 Purpose
The purpose of this Subpart is
to comply with Federal requirements by establishing the Department's goal for
the maximum number of children who will remain in Federally funded foster care
after having been in such care for a period in excess of 24 months. In
addition, this Subpart explains the Department's plans to achieve this goal.
(Source: Section 301.310 renumbered from Section 301.1 and amended at 19
Ill. Reg. 9438, effective July 1, 1995.
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.320 FOSTER CARE PLACEMENT GOAL
Section 301.320 Foster Care
Placement Goal
The Department of Children and
Family Services has set the following percentage goal which is applicable at
any time during each Federal Fiscal Year. A maximum of 60% of all children
receiving Aid to Families With Dependent Children under Title IV-E during a
Federal Fiscal Year will remain in foster care if they have been in such care
for a period in excess of 24 months.
(Source: Section 301.320 renumbered from Section 301.3 and amended at 19
Ill. Reg. 9438, effective July 1, 1995)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.330 PLANS TO ACHIEVE THIS GOAL
Section 301.330 Plans to
Achieve This Goal
a) In order to achieve this goal, the Department shall observe
the necessary prerequisites of client service planning set forth in 89 Ill.
Adm. Code 305, Client Service Planning, in providing the child welfare services
described in 89 Ill. Adm. Code 302, Services Delivered By The Department. Such
planning and service delivery shall:
1) assure that parental visits with children who are to be
returned home are arranged as scheduled and agreed upon in the service plan;
2) acquire or provide appropriate services to the family and/or
child;
3) contact the family and/or child on a regular basis to provide
supportive casework services;
4) develop and implement service plans, as provided for in 89
Ill. Adm. Code 305: Client Service Planning, which can be understood by the
participating family members; and
5) conduct reviews of these cases as required by State law,
consistent with the program guidelines in 42 U.S.C.A. 670 et seq.
b) If it is determined that children cannot be returned home and
an adoptive family must be sought, the Department shall:
1) seek the termination of the biological family's parental
rights,
2) conduct an extensive search for an appropriate adoptive
family, and
3) provide supportive casework services to the adoptive family,
if appropriate.
(Source: Section 301.330 renumbered from Section 301.4 and amended at 19
Ill. Reg. 9438, effective July 1, 1995)
SUBPART D: FOSTER PARENT/RELATIVE CAREGIVER IDENTIFYING INFORMATION
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.410 PURPOSE
Section 301.410 Purpose
The purpose of this Subpart is
to describe the Department's policy regarding the release of identifying
information about licensed foster parents and license exempt relative
caregivers.
(Source: Added at 25 Ill. Reg. 11803, effective September 14, 2001)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.420 CONFIDENTIALITY OF FOSTER PARENT/RELATIVE CAREGIVER IDENTIFYING INFORMATION
Section 301.420
Confidentiality of Foster Parent/Relative Caregiver Identifying Information
In accordance with Section 35.3
of the Children and Family Services Act [20 ILCS 505/35.3], identifying
information regarding licensed foster parents and license exempt relative
caregivers shall be regarded as confidential. The name, address or telephone number
of a foster parent or relative caregiver shall be disclosed only as provided by
this Subpart.
(Source: Added at 25 Ill. Reg. 11803, effective September 14, 2001)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.430 ROUTINE DISCLOSURE OF FOSTER PARENT/RELATIVE CAREGIVER IDENTIFYING INFORMATION
Section 301.430 Routine
Disclosure of Foster Parent/Relative Caregiver Identifying Information
a) Identifying information regarding foster parents or relative
caregivers, including names, addresses, telephone numbers, and primary language
or preferred mode of communication, may be disclosed to the following persons
only when appropriate and necessary for the delivery of child welfare services.
Such information shall not be redisclosed except in conformance with this
Subpart.
1) Department and private child welfare agency staff responsible
for the delivery of services to the child, the family, or the foster parents;
2) State's Attorneys and Assistant State's Attorneys;
3) Guardians Ad Litem (attorneys appointed to represent the
child's best interests in Juvenile Court) for children placed in the foster
family/relative caregiver home;
4) Court personnel;
5) Court appointed special advocates;
6) Administrative Case Review staff;
7) Medical providers providing care to the child;
8) The child's school and educators;
9) Other service providers for the children in care;
10) Children who are seven years of age or older under the
custody/guardianship of the Department who are siblings of children placed with
the foster parent/relative caregiver in accordance with Section 301.220
(Sibling Visitation) and Section 301.230 (Contact Among Siblings Placed Apart),
unless a decision has been made to withhold the information in accordance with
Section 301.440;
11) Illinois Department of Public Aid (for purposes of processing
Medicaid claims);
12) Quality assurance staff employed or contracted by the
Department to conduct quality assurance reviews;
13) Social Security Administration;
14) Researchers whose research has been approved by the
Department in accordance with 89 Ill. Adm. Code 432 (Research Involving
Children and Families); and
15) Statewide foster parent associations or other foster parent
groups recognized by the Department.
b) When a license is issued to foster parents or upon placement
of a child with a relative caregiver, the Department or purchase of service
agency shall give written notice to the foster parent/relative caregiver that
the foster parent's/relative caregiver's name, address and telephone number
will be released to the persons identified in subsection (a) above, as
necessary to provide services, without further subsequent notice.
(Source: Added at 25 Ill. Reg. 11803, effective September 14, 2001)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.440 SPECIFIC DISCLOSURE OF FOSTER PARENT/RELATIVE CAREGIVER IDENTIFYING INFORMATION
Section 301.440 Specific
Disclosure of Foster Parent/Relative Caregiver Identifying Information
a) Assessment
During the
first 30 days after the child comes into care, the Department or purchase of
service agency shall conduct an assessment in accordance with 89 Ill. Adm. Code
315 (Permanency Planning), Section 315.100 (Assessment). Identifying
information of the foster parent/relative caregiver shall not be released to
the child's parents or siblings in the care of their parents when any of the
following is found in the assessment of the parent or other adult living in the
home:
1) A check of the Law Enforcement Agencies Data System (LEADS)
identifies a conviction for any of the crimes listed in Appendix A(a)(1), (3),
or (4) of this Part; or
2) The parent or other adult living in the home has threatened
violence against a foster parent/relative caregiver or Department or purchase
of service agency worker; or
3) The parent or other adult living in the home has exhibited
violence against a foster parent/relative caregiver or Department or purchase
of service agency worker in the past; or
4) The parent or other adult living in the home has threatened to
abduct or harm the child.
b) When a decision is made based on the assessment completed in
accordance with subsection (a) not to disclose the identifying information of
the foster parent/relative caregiver to siblings in the care of their parents,
the Department or purchase of service agency shall notify each child's attorney
and guardian ad litem in writing within seven days after that determination and
shall provide information from the assessment to justify the decision.
c) Disclosure to Parents When the Goal is Return Home
1) When the child's permanency goal is return home, parent-child
visits, telephone calls at reasonable hours and mail shall be encouraged in
accordance with the service plan and Section 301.210(a) (Family-Child
Visitation). The name, address and telephone number of the foster
parent/relative caregiver shall not be disclosed to the parents until the
assessment has been completed and a determination has been made whether to
disclose the information.
2) If, based on the assessment in subsection (a) above, the
Department or purchase of service agency determines that the name, address and
telephone number of children under the custody/guardianship of the Department
should be released to the parents, the Department shall notify the foster
parent/relative caregiver in accordance with Section 301.450.
d) Disclosure to Siblings in the Care of Their Parents
The Department
or purchase of service agency shall provide children who are seven years of age
and older who are in the care of their parents with the name, address and
telephone number of children under the custody/guardianship of the Department
in accordance with Section 301.230 (Contact Among Siblings Placed Apart),
unless:
1) the Department or purchase of service agency has determined
that it is not in the child's best interests to provide information on his or
her whereabouts to his or her siblings, and the Department or purchase of
service agency has notified each child's attorney and guardian ad litem in
accordance with Section 301.230(b);
2) the Department or purchase of service agency has determined
that identifying information of the foster parent/relative caregiver shall not
be released to the sibling based on the results of the assessment completed in
accordance with subsection (a) and the Department or purchase of service agency
has notified each child's attorney and guardian ad litem in accordance with
subsection (b); or
3) a court has prohibited disclosure of this information.
e) Other Permissible Disclosure
The name,
address and telephone number of foster parents or relative caregivers may be
given to persons other than those listed in subsections (c) and (d), as
necessary to provide services described in the service plan when specific
notice has been given in accordance with Section 301.450.
(Source: Added at 25 Ill. Reg. 11803, effective September 14, 2001)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.450 SPECIFIC NOTICE OF DISCLOSURE
Section 301.450 Specific
Notice of Disclosure
When the Department or purchase
of service agency makes a decision to disclose the name, address or telephone
number of the foster parents or relative caregivers to anyone other than the
individuals listed in Section 301.430, the foster parents or relative
caregivers shall be informed in writing of this decision prior to disclosure.
The notice shall inform the foster parents or relative caregivers that:
a) They have ten calendar days from the date of such notice in
which to request a decision review from the Department or purchase of service
agency in accordance with 89 Ill. Adm. Code 316 (Administrative Case Reviews
and Court Hearings), Section 316.90 (Decision Review); and they have ten
calendar days to seek an order of protection under Section 2.25 of the Juvenile
Court Act of 1987 [705 ILCS 405/2.25];
b) No identifying information regarding the foster parents or
relative caregivers shall be disclosed until ten calendar days after the date
of the notice. If, during this ten day period, the foster parent or relative
caregiver has requested a decision review, release of the information shall be
postponed until the decision review has been completed. The foster parent or
relative caregiver shall notify the Department or purchase of service agency
worker or the worker's supervisor that a decision review has been requested;
and
c) If the foster parent or relative caregiver disagrees with the
decision to disclose the information, the foster parent or relative caregiver
may seek an order of protection under Section 2.25 of the Juvenile Court Act of
1987 [705 ILCS 405/2.25].
(Source: Added at 25 Ill. Reg. 11803, effective September 14, 2001)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.460 DISCLOSURE PROHIBITED
Section 301.460 Disclosure
Prohibited
The Department or purchase of
service agency shall not release the name, address and telephone number of the
foster parent/relative caregiver to the child's parents when:
a) A court has issued a valid order of protection in accordance
with Section 2.25 of the Juvenile Court Act [705 ILCS 405/2-25];
b) The parental rights of the parents have been judicially
terminated, the parents have surrendered the child for adoption, or the parents
have signed a consent to adoption by a specified person and continued contact
between parents and child is not a part of the client service plan; or
c) The child has a permanency goal other than return home and the
child has no siblings residing in the home of the parent.
(Source: Added at 25 Ill. Reg. 11803, effective September 14, 2001)
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.470 REDISCLOSURE PROHIBITED
Section 301.470 Redisclosure
Prohibited
a) A person to whom disclosure of a foster parent's/relative
caregiver's name, address, or telephone number is made under this
Subpart shall not redisclose that information except as provided in the
Children and Family Services Act, the Juvenile Court Act of 1987, or the
Abused and Neglected Child Reporting Act. Any person who knowingly and
willfully rediscloses a foster parent's/relative caregiver's name, address,
or telephone number in violation of this Subpart is guilty of a Class A
misdemeanor. [20 ILCS 505/35.3(b)]
b) The Department or purchase of service agency shall provide
written notice of the provisions of subsection (a), including the
penalty for a Class A misdemeanor, to anyone to whom the Department discloses a
foster parent's/relative caregiver's name, address, or telephone number.
[20 ILCS 505/35.3(c)]
c) If a person to whom disclosure of a foster parent's/relative
caregiver's name, address or telephone number is made has reason to believe
that disclosure to another individual is warranted, the person shall contact
the Department or purchase of service agency to request disclosure of the
information, if appropriate, in accordance with the provisions of this Subpart.
d) This Section is not intended to preclude reporting of crimes
or of child abuse or neglect to appropriate authorities.
e) This Section is not intended to override or preclude or
violate any common law or statutory confidentiality provisions, such as
attorney/client or therapist/client privileges.
(Source: Added at 25 Ill. Reg. 11803, effective September 14, 2001)
Section 301.APPENDIX A Criminal Convictions that Prevent Placement of Children with Relatives
 | TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
PART 301
PLACEMENT AND VISITATION SERVICES
SECTION 301.APPENDIX A CRIMINAL CONVICTIONS THAT PREVENT PLACEMENT OF CHILDREN WITH RELATIVES
Section 301.APPENDIX A Criminal
Convictions that Prevent Placement of Children with Relatives
a) Children for whom the Department of Children and Family
Services is legally responsible shall not be placed with a relative, as defined
in this Part, or allowed to remain in the home of a relative if the relative
caregiver or any adult member of the household has been convicted of committing
any of the following crimes, except as allowed via a waiver process under
subsections (b) and (c).
1) Homicide
Murder*
Solicitation of murder*
Solicitation of murder for hire*
Intentional homicide of an unborn child*
Voluntary manslaughter of an unborn child*
Involuntary manslaughter*
Reckless homicide*
Concealment of a homicidal death*
Involuntary manslaughter of an unborn child*
Reckless homicide of an unborn child*
Drug induced homicide*
2) Sex Offenses
Child pornography*
Exploitation of a child*
Sexual exploitation of a child*
Obscenity
Harmful materials
Tie in sales of obscene publications to distributors
Indecent solicitation of a child*
Indecent solicitation of an adult
Public indecency
Sexual relations within families*
Prostitution
Soliciting for a prostitute
Soliciting for a juvenile prostitute*
Solicitation of a sexual act
Pandering
Keeping a place of prostitution*
Keeping a place of juvenile prostitution*
Patronizing a prostitute
Patronizing a juvenile prostitute*
Pimping
Juvenile pimping*
3) Kidnapping and Related Offenses
Kidnapping
Aggravated unlawful restraint
Forcible detention
Aiding and abetting child abduction*
Aggravated kidnapping
Child abduction*
4) Bodily Harm
Aggravated battery of a child*
Criminal sexual assault*
Aggravated criminal sexual assault*
Predatory criminal sexual assault of a child*
Criminal sexual abuse*
Aggravated sexual abuse*
Heinous battery*
Aggravated battery with a firearm
Tampering with food, drugs, or cosmetics
Drug-induced infliction of great bodily harm
Aggravated stalking
Home invasion
Vehicular invasion
Criminal transmission of HIV
Criminal neglect of an elderly or disabled person
Child abandonment*
Endangering the life or health of a child*
Ritual mutilation
Ritualized abuse of a child*
Any violation of the Methamphetamine Control and Community Protection
Act [720 ILCS 646].
5) An offense in any other state the elements of which are
similar and bear a substantial relationship to any of the offenses listed in
this subsection (a).
b) If the relative caregiver or any adult member of the household
has been convicted of one of the crimes in subsections (a)(1) through (5)
marked by an asterisk, any request for a waiver must be submitted in writing to
the Director of the Department for his or her personal approval. The
supervising agency shall submit the following information along with the
request for waiver of the criminal convictions.
1) the age of the individual at the time of the convictions;
2) the length of time that has elapsed since the last conviction;
3) the relationship of the crime and the capacity to care for
related children;
4) evidence of rehabilitation; and
5) opinions of community members concerning the individual in
question.
c) If the relative caregiver or any adult member of the household
has been convicted of one of the crimes identified in subsections (a)(1)
through (5) not marked by an asterisk, related children for whom the Department
is legally responsible shall not be placed in or continue to remain in the
relative caregiver's household unless a waiver of this prior criminal history
has been granted in accordance with the requirements of this subsection. The
Director of the Department shall designate specific Department employees who
have the authority to grant these waivers on a 24 hour per day basis. When the
supervising agency believes that there have been extraordinary circumstances
surrounding the criminal history or the convicted persons has been successfully
rehabilitated and placement in the relative's household is in the best
interests of the children, the supervising agency may request a waiver of this
prior criminal history by asking the Department to consider the factors in subsection
(b). These requests may be made orally, but must be confirmed in writing. The
Department's decision with regard to the request for a waiver shall be
documented in writing and included in the child's case record.
(Source: Amended at 36 Ill.
Reg. 2098, effective January 30, 2012)
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