Section 415.10  Purpose

 

The purpose of this Part is to specify the standards for certification of relative caregiver homes for children whom the Department of Children and Family Services is legally responsible. Certified relative caregivers shall meet the standards prescribed by this Part, which are intended to ensure the health, safety, and welfare of related youth in care.

 

Section 415.20  Applicability

 

This Part applies to any relative caregiver who cares for or seeks to care for a related child for whom the Department of Children and Family Services is legally responsible, and any relative who seeks to become a certified relative caregiver home for related children for whom the Department is legally responsible.

 

Section 415.30  Definitions

 

"Any other adult living in the home" means any relative or non-relative age 18 or over who regularly lives, shares common areas, and sleeps in the home. This includes an individual who is living, sharing common areas, and sleeping in a home temporarily for more than two consecutive weeks.

 

"Applicant" means a relative, as defined in this Part, who has applied for certification as a relative home.

 

"Background check" means a criminal background clearance and a review and evaluation of all components of the background check, including sex offender registries, child abuse and neglect registries or databases, and criminal offenses pursuant to 225 ILCS 10/3.4. The components of a background check include:

 

In-State (Illinois) Checks

 

A search of the Law Enforcement Agency Data System (LEADS). If the results of the LEADS search identify the types of prior criminal convictions outlined in this Part for any other adult living in the home, youth in care shall not be placed in the relative's home except as allowed by this Part or 89 Ill. Adm. Code 301 (Placement and Visitation Services);

 

Submission of fingerprints to the Illinois State Police (ISP) for a criminal histories record search;

 

A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged, or has been indicated as a perpetrator of child abuse or neglect; and

 

A search of the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public Website (NSOPW).

 

National Checks

 

Submission of fingerprints to the Federal Bureau of Investigation (FBI) using Next Generation Identification, for comparison to their national crime information databases; and

 

A search of the National Crime Information Center National Sex Offender Registry (NCIC/NSOR).

 

Interstate (Out-of-State) Checks

 

A search of the following registries, repositories, or databases in each state where an individual resided during the preceding five years:

 

State-based criminal registry or repository (fingerprint use optional);

 

State-based child abuse and neglect registry or database; and

 

State sex offender registry or repository.

 

"Background check clearance" for purposes of this Part, means the Department has communicated to the assigned worker that the background check did not identify any disqualifying offenses.

 

"Caregiver" means a certified relative caregiver, relative caregiver, or foster parent with whom a youth in care is placed. [225 ILCS 10/2.39]

 

"Certification" or "Certified" means a relative home wherein the caregiver is related to the youth in care and has met the standards prescribed by 225 ILCS 10/3.4 and this Part.

 

"Certified relative caregiver" means a person responsible for the care and supervision of a child placed in a certified relative caregiver home by the Department, other than the parent, who is a relative. [225 ILCS 10/2.36]

 

"Certified relative caregiver home" means a placement resource meeting the standards for a certified relative caregiver home under Section 3.4 of the Child Care Act of 1969, which is eligible to receive payments from the Department under State or federal law for room and board for a child placed with a certified relative caregiver. [225 ILCS 10/2.37]

 

"Child" means any person for whom the Department is legally responsible who is less than 18 years of age.

 

"Child Welfare Contributing Agency" or "contributing agency" means a public or private entity that, by contract or agreement with the Department, provides placement, child welfare case management, or both to children and families.

 

"Concrete goods" means child safety items, clothing, shelter, furniture, utilities, transportation, or anything that can be provided to a family to maintain child safety and reduce risk, remove barriers to placement, or maintain a placement.

 

"Corporal punishment" means any type of physical punishment, discipline, or retaliation inflicted upon any part of the body of a child. This includes such actions as slapping, hitting, punching, spanking, shoving, pinching, or any other type of action geared toward inflicting pain or body discomfort upon a child.

 

"Department" means the Department of Children and Family Services.

 

"Diligent efforts" means conscientious attempts to accomplish all aspects of intervention with respect to thoroughness, timeliness, availability, and responsiveness.  Diligent efforts in the context of family finding and relative engagement may include, but is not limited to interviewing the youth in care's parents, interviewing the youth in care if age and developmentally appropriate, interviewing identified relatives regarding other relatives not yet identified, conducting computer-based searches, and assessing the relative for certification.

 

"Family finding and relative engagement" means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify any person who would be eligible to be a relative caregiver as defined in this Part and to connect a child, consistent with the child's best interest, who may be disconnected from the child's parents, with those relatives and kin in an effort to provide family support or possible placement.  If it is known or there is reason to know that the child is an Indian child, as defined in Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903), "family finding and relative engagement" also includes contacting the Indian child's tribe to identify relatives and kin.  [20 ILCS 505/7(b)(1)]

 

"Fictive kin" means a person who is unrelated to a child by birth, marriage, tribal custom, or adoption who is shown to have significant and close personal or emotional ties with the child or the child's family. [20 ILCS 505/4d]

 

"Kinship navigator" means a statewide program designed to ensure kinship (relative) caregivers the necessary resources for the preservation of family. [325 ILCS 42/5]

 

"Needed supports" means interventions to protect the health, safety, and welfare of the child. This can include, but is not limited to, concrete goods, safety modifications, and referrals for other services. Interventions shall be based on the needs, problems, and limitations and capacities of the relative and their home as identified in the Safety and Needs Assessment and Caregiver Assessment (see Section 415.40(d)(2) and (3)).

 

"Normalcy parenting" means empowering a caregiver to approve or not approve a child's participation in appropriate extracurricular enrichment, cultural and social activities based on the caregiver's assessment using the reasonable and prudent parent standard, without prior approval of the Department, the caseworkers, or the court. The purpose of normalcy parenting and the reasonable and prudent parent standard is to allow the child's participation in extracurricular, enrichment, cultural and social activities that are appropriate for the child's normal growth and development.

 

"Placing worker" means Child Protection Specialist, Permanency Worker or Intact Family Worker, or for the purposes of certification, Licensing Unit or contributing agency staff.

 

"Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests while at the same time supporting the child's emotional and developmental growth, that a caregiver shall use when determining whether to allow a child in out-of-home care to participate in extracurricular, enrichment, cultural, and social activities. [20 ILCS 505/7.3a(b)]

 

"Relative" means a person who is:

 

Related to a child by blood marriage, tribal custom, adoption, civil union, or to a child's sibling in any of the foregoing ways, even though the person is not related to the child, when the child and the child's sibling are placed together with that person, or Fictive kin as defined in this Part.

 

For children who have been in the guardianship of the Department following the termination of their parents' parental rights, been adopted or placed in subsidized or unsubsidized guardianship, and are subsequently returned to the temporary custody or guardianship of the Department,

 

"Relative" also includes any person who would have qualified as a relative under this Section prior to the termination of the parents' parental rights if the Department determines, and documents, or the court finds that it would be in the child's best interests to consider this person a relative, based upon the factors for determining best interests set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987. [705 ILCS 405]

 

"Relative caregiver" means a person responsible for the care and supervision of a child placed by the Department, other than the parent, who is a relative. [20 ILCS 505/4d]

 

"Relative home" means a home of a relative that is not a foster family home or a certified relative caregiver home but provides care to a child placed by the Department who is a relative of a household member of the relative's home. [20 ILCS 505/4d]

 

"Youth in care" for the purposes of this Part, means a person placed in the temporary custody or guardianship of the Department pursuant to the Juvenile Court Act of 1987 [705 ILCS 405]. The Department is legally responsible for the youth; a youth in care includes youth for whom the Department has temporary protective custody, custody or guardianship via court order, or youth whose parents have signed an adoptive surrender or voluntary placement agreement with the Department.

 

Section 415.35  Initial Family Finding and Relative Engagement

 

The Department or contributing agency shall identify, notify, and contact prospective relative caregivers and assess the relative's willingness to be a placement resource or provide other support to the youth in care following the procedures outlined in this Part.

 

a)         Relatives of both parents shall be identified and contacted.

 

b)         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 youth in care.

 

c)         The placing worker shall ask the youth in care, outside the presence of the parents or relatives, in an age-appropriate manner and consistent with the youth's best interest about any parent, alleged parent, and relatives important to the youth, and obtaining information regarding the location of the youth's parents, alleged parents, and adult relatives. [20 ILCS 505/7(b)(1)]

 

d)         The placing worker shall ask the youth in care, outside the presence of the parents or relatives, about any relatives a parent has named as a placement resource for the youth in care.

 

e)         The placement worker shall emphasize to prospective relative caregivers it is preferable for children to be placed together in one home. Placement decisions for siblings shall also be made in accordance with 89 Ill. Adm. Code 301.70 (Sibling Placement). When it is not possible to place all the siblings together, the placement worker may consider a placement plan for placement with two or more relatives and the placement worker should ensure that 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. The placing worker shall establish a sibling visitation plan if placed separately that meets the minimum standards regarding frequency of in-person visits provided in 89 Ill. Adm. Code 301.220 (Sibling Visitation) and 89 Ill. Adm. Code 301.230 (Contact Among Siblings Placed Apart).

 

f)         When considering a godparent as a placement resource, the placing worker may identify the relationship by contacting one or both parents to confirm that they did designate the person as the youth in care's godparent. If the parents are unavailable, the placing worker shall contact other close family members to identify the relationship. When the youth in care can understand, the youth in care shall also be asked to help identify their godparent. When family members are not available or cannot confirm this relationship, and formal documentation is not available a person claiming to be the youth in care's godparent may be considered for placement as fictive kin.

 

g)         When considering fictive kin for placement and certification, the placing worker must determine the fictive kin established a close caring relationship with the youth in care or family prior to placing with and certifying the fictive kin.

 

h)         The Department or contributing agency shall document the results of the identification of relatives in the case record.

 

i)          The following individuals shall be contacted through Family Finding as defined in this Part:

 

1)         non-custodial parents; non-custodial parents shall be contacted to determine whether the youth in care can be placed in the custody of the parent and to identify and locate relatives of the youth in care. However, parents are not entitled to payment as a certified or uncertified relative caregiver;

 

2)         grandparents;

 

3)         parents of a sibling of a youth in care, if the parent has legal custody of the sibling;

 

4)         adult siblings;

 

5)         godparents;

 

6)         fictive kin;

 

7)         other relatives; and

 

8)         if it is known or there is a reason to believe a youth in care is of Indian descent, any extended family members as defined in Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903).

 

j)          The placing worker shall attempt to locate and interview each person named by the parents or youth in care, within 5 days after case assignment, to determine the relative's interest and ability to be an appropriate placement resource or positive support for the youth in care. In these interviews, the placing worker shall ask if the relative is aware of other relatives of the youth in care who should be contacted. The placing worker shall identify and contact all 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 placing worker has not already interviewed, the placing worker shall meet with or call the relative. The placing worker shall interview the relative and ask the relative to confirm how the relative is related to the youth in care. If a sibling group is involved, the relative shall be asked how the relative is related to each of the youths in care.

 

k)         In accordance with Section 471(a)(29) of the Social Security Act, the Department or contributing agency shall make diligent efforts to provide all adult relatives who are located with written notification and oral notification, in person or by telephone, of all the following information:

 

1)         the minor has been removed from the custody of the minor's parent or guardian; and

 

2)         an explanation of the various options to participate in the care and placement of the minor and support for the minor's family, including any options that may expire by failing to respond. The notice shall provide information about providing care for the minor while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a certified relative caregiver home, and additional services and support that are available in substitute care. The notice shall also include information regarding, adoption and subsidized guardianship assistance options, health care coverage for youth in care under the medical assistance program established under Article V of the Illinois Public Aid Code [305 ILCS 5], and other options for contact with the minor, including, but not limited to visitation. Upon establishing the Department's kinship navigator program, the notice shall also include information regarding that benefit. [20 ILCS 505/7(b)(2)]

 

3)         The notice shall not be sent to a relative for whom there is a known family violence or domestic violence related criminal conviction, indicated finding, or court finding of family or domestic violence. The permanency worker shall obtain a copy of the conviction, indicated finding or court finding and place it in the record.

 

l)          If the youth in care 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 youth in care with that person. The placing worker and supervisor shall convene a supervisory staffing to discuss the youth in care's feelings and determine and validate the youth in care's concerns. The supervisor shall make a Critical Decision regarding placement of the youth in care with that relative and document the decision in a supervisory note. The placing worker shall complete and send the Denial and Request for Decision Review letter as outlined in Section 415.45(b)(1)(a) of this Part.

 

m)        The Department or contributing agency shall complete any remaining family finding and relative engagement efforts required under Section 7 of the Children and Family Services Act [20 ILCS 505] within 30 days of the minor being taken into temporary custody. The Department or contributing agency shall complete new family finding and relative engagement efforts within 30 days of an unknown parent's identity being determined or a parent whose whereabouts were unknown being located. [705 ILCS 405/2-10]"

 

Section 415.40  Relative Home Certification and Placement

 

a)         A youth in care shall be placed with a relative who is not licensed as a foster parent if the Department or contributing agency determines that the relative will be able to adequately provide for the youth in care's safety and welfare based on the factors set forth in the Department's rules governing such placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987. [20 ILCS 505/7(b)].

 

b)         When considering a relative for certification, neither the Department nor a contributing agency shall discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, sexual orientation (including gender-related identity), physical or mental disability, and military status or unfavorable discharge from military service. [775 ILCS 5/1-102]

 

c)         A relative may apply for certification as a relative home for a related youth in care prior to the youth in care physically residing in the home.

 

d)         In determining whether relative home placement is appropriate, the Department or contributing agency will consider the best interest of the child as defined in Article I of the Juvenile Court Act [705 ILCS 405/1-3]. The Department or contributing agency shall ensure the following conditions are met when certifying a relative home:

 

1)         Background checks.

 

A)        In the case of emergency placement, fingerprint-based background check results do not have to be back before making the placement, as long as all components of a name-based background check have been conducted and the results evaluated consistent with 225 ILCS 10/3.4. In addition, the Applicant shall meet all other standards for certification before placement is made including the Safety and Needs Assessment and Caregiver Assessment as outlined in subsections (d)(2) and (3). 

 

B)        Each adult shall be fingerprinted within 14 days after placement. The Department shall provide reasonable assistance to support the applicant to comply with the fingerprint requirement. The Department may make exceptions to extend the timeline up to 30 days on a case-by-case basis.  Extensions may be granted based upon factors including, but not limited to, the following:

 

i)          inability to visit a fingerprint vendor due to distance from the home; 

 

ii)         inability to schedule an appointment due to vendor operating hours or appointment availability;

 

iii)        delay due to medical care or emergencies; or

 

iv)        transportation challenges such as lack of personal transportation.

 

C)        If a report of abuse or neglect exists, staff of the placing agency shall determine whether the youth in care should be placed with the relative based on the following considerations in addition to all other requirements set forth in this Section:

 

i)          the type of indicated abuse and neglect;

 

ii)         the age of the individual at the time of the report;

 

iii)        the length of time that has elapsed since the most recent indicated report;

 

iv)        the relationship of the report to the ability to care for the related children; and

 

v)         evidence of successful parenting.

 

D)        A background check clearance as defined in Section 415.30 has been received on the Applicant and any other adult living in the home, confirming there are no disqualifying offenses.

 

E)        If upon completion of the background check it is determined an adult has a criminal record, the caseworker shall thoroughly investigate and evaluate the criminal history of the adult, and in so doing, include an assessment of the adult's character and, in the case of the applicant, the impact the criminal history has on the applicant's ability to parent the child. The evaluation of the criminal history shall consider:

 

i)          the type of crime;

 

ii)         the number of crimes;

 

iii)        the nature of the offense;

 

iv)        the age of the person at the time of the crime;

 

v)         the length of time that has elapsed since the last conviction;

 

vi)        the relationship of the crime to the ability to care for children;

 

vii)       the role that adult will have with the child; and

 

viii)      any evidence of rehabilitation.

 

F)         For the evaluation, only information that bears a reasonable and rational relation to the caregiving capacity of the certified relative caregiver and adult member of the household and overall safety provided by the residents of that home shall be used by the Department or licensed child welfare agency. [225 ILCS 10/3.4 (c)]

 

G)        Final approval for placement shall not be granted if the record check of the prospective certified relative caregiver's background reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years. A waiver request for placement may be granted by the Department in accordance with 89 Ill. Adm. Code 301 (Placement and Visitation Services) based on a comprehensive evaluation of the caregiver and household members and conditions relating to the safety of the placement. [20 ILCS 505/5(v-4)(ii)]

 

2)         Safety and Needs Assessment. The Department or contributing agency shall conduct a safety and needs assessment focused on evaluating a safe living space and identifying needed supports including, but not limited to, concrete goods, or safety modifications, for the Department or the contributing agency to provide or assist the Applicant with meeting the needs of the youth in care.

 

A)        At a minimum the assessment shall verify the following:

 

i)          the home has safe water for drinking and bathing. Indoor plumbing is not required;

 

ii)         the home has heating and cooling appropriate for the geographic region. This may include:

 

•           ceiling and floor fans, portable or window A/C units, and swamp coolers;

 

•           using open doors or windows to create cross-ventilation;

 

•           kerosene, propane, and space heaters; and

 

•           wood-burning stoves.

 

iii)        the home has access to electricity or lighting, based on the youth in care's needs;

 

iv)        the home is free of insect and rodent infestations or can be controlled with needed supports;

 

v)         pets in the home do not pose a health or safety threat to the youth in care (proof of pet vaccinations are not required; observation of the pet and discussion of potential risk with the family is sufficient);

 

vi)        outdoor space youth in care will have access to is safe based on their age and development;

 

vii)       the home is free from observable hazards (e.g., peeling lead paint, mold, excessive debris, and fire hazards such as exposed wires and multiple extension cords connected), or can be made so through needed supports;

 

viii)      prescription and non-prescription drugs, dangerous household supplies, and dangerous tools are stored in places inaccessible to youth in care;

 

ix)        no firearms possessed in violation of State or federal law, or a local government ordinance shall be present in the home at anytime. For all other firearms, when a youth in care is placed in a certified relative home:

 

•           all firearms shall be unloaded and locked in places inaccessible to the youth in care at all times;

 

•           all ammunition shall be locked separately from firearms and stored in places inaccessible to children at all times;

 

•           loaded guns shall not be kept in a certified relative home unless required by law enforcement officers, and in accordance with their law enforcement agency's safety procedures.

 

x)         there is access to a working cell or landline telephone or other means to contact help (such as wireless network calling or a shortwave radio) in case of an emergency;

 

xi)        the home has properly functioning smoke detectors and carbon monoxide detectors, if applicable;

 

xii)       the home has at least one operating fire extinguisher that is easily accessible;

 

xiii)      the Applicant is willing to commit to practicing an evacuation drill, in case of a fire or natural disaster, with the youth in care within the first month;

 

xiv)      there is at least one exit (a door or window) from each youth in care sleeping space that is unblocked, large enough for each youth in care to get through, and an exit to the outside;

 

xv)       sleeping arrangements are safe and suitable to the age and needs of the youth in care, taking into consideration such factors as the child's preference, gender identity, and any prior sexual trauma; and

 

xvi)      the Applicant has a transportation plan to transport youth in care to appointments and activities.

 

B)        For relative and certified relative caregivers, the Department is authorized to reimburse or prepay reasonable expenditures to remedy home conditions necessary to fulfill the home safety-related requirements of relative caregiver homes. [20 ILCS 505/5(u-6)(1)]

 

3)         Caregiver Assessment. When assessing an Applicant for certification, the placing worker shall consider the ability of the Applicant to make careful and sensible parental decisions that maintain the youth in care's health, safety, and best interests in accordance with the reasonable and prudent parenting standard. The Applicant's ability to care for the youth in care's physical, emotional, medical, and educational needs shall be considered. At a minimum the caregiver assessment shall include the following:

 

A)        considering the best interest of the child as defined in Section 1-3 of the Juvenile Court Act of 1987 [705 ILCS 405/1-3];

 

B)        the nature and quality of the Applicant's relationship with the youth in care including the length of time the youth in care has been in care and whether this Applicant has been part of the youth in care's life during that time;

 

C)        the Applicant's ability to protect the youth in care from abusive parents or the youth in care's own risk behaviors;

 

D)        the Applicant's ability to understand the needs of the youth in care and family, and the indicated findings and court findings regarding the youth in care and family;

 

E)        whether the Applicant was involved with the family dynamics that led to the removal of the youth in care from the youth in care's parents;

 

F)         the Applicant's role, if any, in resolving or intervening in the present situation;

 

G)        the Applicant's willingness to work with the Permanency Worker and the Child and Family Team in implementing the Family Case Plan;

 

H)        the Applicant's willingness to work towards the permanency goal and accept necessary services;

 

I)         adequacy of personal supports to ensure the Applicant's ability to care for and meet the youth in care's identified needs;

 

J)         in cases involving domestic violence, mental health, or substance abuse, how placement with the Applicant supports the ability of the parents to meet the requirements of the case plan or have safe contact with the youth in care; and

 

K)        if siblings are being placed together and one of the siblings does not trust or feel safe with the Applicant, the placing worker shall ask the youth in care (when verbal), outside the presence of the parents and any relative, about the Applicant.

 

e)         When multiple relatives have been identified for placement, preference shall be given to an adult related to the youth in care who is best able to adequately provide for the youth in care's safety and welfare based on the factors set forth in the Department's rules governing such placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987 and outlined in Section 415.45(e). The adult shall also meet the standards prescribed in this Part. [20 ILCS 505/7(b)]

 

f)         When multiple relatives are interested in placement, the placing worker shall hold a meeting with the immediate family and all interested relatives to help determine the best placement and to explore ways in which family members can provide support and remain actively involved.  The Department or the designated contributing agency shall make the final placement decision consistent with the child's best interest as defined in Article I of the Juvenile Court Act of 1987 [705 ILCS 405/1-3] Review of placement shall be made by the Department following the decision review process outlined in subsection 415.45(b).

 

g)         An initial placement is contingent on:

 

1)         the relative meeting the certification standard after evaluation; or

 

2)         the relative meeting the standard for an unlicensed, uncertified relative placement pursuant to 20 ILCS 505/5(v-4).  Certification shall only be granted by the Department or contributing agency if the relative caregiver meets the conditions of Section 415.40(d).

 

h)         The Department or contributing agency shall ensure that prospective certified relative caregivers are provided with assistance in completing the steps required for approval as a certified relative caregiver home including, but not limited to, the following types of assistance:

 

1)         filling out paperwork with the Applicants, or for the Applicant, if feasible;

 

2)         acquiring court documents or background check dispositions;

 

3)         accessing and using language services;

 

4)         employing mobile fingerprinting devices in the home and in the event these devices are not available, offering help in arranging accessible appointments that align with the schedules of household members, offering transportation and childcare so household members can complete fingerprinting appointments, and partnering with neighborhood fingerprinting facilities that provide evening and weekend appointments;

 

5)         compensation or an advance payment to assist the Applicant in making reasonable home repairs to address serious safety concerns;

 

6)         acquisition of necessary comfort or safety equipment, such as a mattress or car seat.

 

i)          If the Department or contributing agency is contemplating denying certification of a relative, the Department or contributing agency shall provide a written notice in the Applicant's primary language. The written notice shall:

 

1)         identify the specific reason or reasons the Department or contributing agency is considering denial;

 

2)         list actions Applicants can take, if any, to remedy such conditions and the timeframes in which such actions would need to be completed;

 

3)         explain reasonable supports that the Department or contributing agency can provide to assist the Applicants in taking remedial actions and how the Applicants can request such assistance; and

 

4)         provide information regarding how the Applicants can seek to resolve disputes about the contributing agency or Department's findings.

 

j)          The Department or contributing agency shall provide Applicants reasonable opportunity and assistance to cure any remediable deficiencies that the Department or contributing agency identified before taking final action to deny approval of a certified relative home. [225 ILCS 10/3.4 (c)]

 

k)         The Department reserves the right to deny certification based on any or all the following:

 

1)         the results of the background check for the Applicant or any other adult living in the home;

 

2)         the results of the safety and needs assessment, provided the Applicant was provided reasonable opportunity to remedy any identified deficiencies as outlined in this Part; and

 

3)         the results of the caregiver assessment, provided the Applicant was provided reasonable opportunity to remedy any identified deficiencies as outlined in this Part.

 

l)          The Department reserves the right to deny placement of a youth in care in a certified relative home based on the best interest of the youth in care, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987 [705 ILCS 405] or based upon placement with the youth in care's siblings. [20 ILCS 505/7]

 

m)        If an Applicant is denied certification and the Applicant’s original circumstances that led to the denial have changed, the Applicant may re- apply for certification. If the youth in care for whom the Applicant is applying for certification for is currently in a placement, the youth in care may not be moved unless it is in the best interest of the youth in care as outlined in the Juvenile Court Act of 1987. [705 ILCS 405] and the provisions of 89 Ill. Adm. Code 337 (Service Appeal Process) are complied with, including notice to all parties who have a right to administratively appeal a placement change.

 

n)         Relatives who are certified relative caregivers and have a youth in care placed in the home are eligible for subsidized guardianship under 89 Ill. Adm. Code 302 (Services Delivered by the Department of Children and Family Services).

 

Section 415.45  Department Decision Review

 

a)         Certification Decision Review

 

1)         If the Department or contributing agency denies a relative caregiver certification based on the results of the background check, the safety and needs assessment, or the caregiver assessment, the placing worker shall complete the Denial and Request for Decision Review Letter and send it to the Applicant and the youth in care's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405]. This letter will explain the reason for denial and the process for a Department Decision Review. An Applicant shall have 30 days from the date of the letter to request a decision review.

 

2)         Along with a request for a decision review, denied Applicants may submit additional information with the Decision Review Form to support their case. This additional information shall be considered in the decision review process set forth below.

 

3)         If age and developmentally appropriate, the placing worker shall offer the youth in care an opportunity to provide a statement to be included in the review if the youth in care wishes. An attorney or guardian ad litem appointed under the Juvenile Court Act may submit a statement and additional information on behalf of the youth.

 

4)         The placing worker shall ensure the denial of the certification and notification to the relative caregiver regarding their right and process for reconsideration are reported to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987. [705 ILCS 405]

 

5)         A Certification Decision Review shall follow the process set forth in Subsection (d) and (e)(1) below.

 

b)         Placement Decision Review

 

1)         Initial Placement.

 

A)        If the Department or contributing agency denies an initial placement decision the placing worker shall complete the Denial and Request for Decision Review Letter and send it to the identified relative. This letter will explain the reason for denial and process for a Department Decision Review. The identified relative shall have 30 days from the date of the letter to request a decision review.

 

B)        Along with a request for a decision review, the relatives may submit additional information with the Decision Review Form to support their position. This additional information shall be considered in the decision review process set forth below.

 

C)        If age and developmentally appropriate, the placing worker shall offer the youth in care an opportunity to provide a statement to be included in the review if the youth in care wishes.

 

D)        An initial placement decision review shall follow the process set forth in Subsection (d) and (e)(2) below.

 

2)         Change in Placement

 

A)        A certified relative caregiver seeking placement of a youth in care who has been in a stable and appropriate placement for at least 60 days does not have the right to a Placement Decision Review of a decision not to place the youth in care with the relative. 

 

B)        A certified relative caregiver seeking placement of a youth in care who has not been in a stable and appropriate placement for at least 60 days may request a Placement Decision Review of a decision not to place the youth in care with the relative:

 

i)          If the Department or contributing agency denies a certified relative caregiver placement of a youth in care who has not been in stable and appropriate placement for at least 60 days, the Department or contributing agency shall complete the Denial and Request for Decision Review Letter and send it to the Applicant and the youth in care’s attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405]. This letter shall explain the reason for the denial and the process for a Department Decision Review. An applicant shall have 30 days from the date of the letter to request a decision review.

 

ii)         Along with a request for decision review, a denied certified relative may submit additional information with the Decision Review Form to support their case.  This additional information shall be considered in the decision review process set forth below.

 

iii)        If age and developmentally appropriate, the placing worker shall offer the youth in care an opportunity to provide a statement to be included in the review if the youth wishes. An attorney or guardian ad litem appointed under the Juvenile Court Act may submit a statement and additional information on behalf of the youth.

 

iv)        The placing worker shall ensure the denial of placement and notification to the relative caregiver regarding their right and process for reconsideration are reported to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987. [705 ILCS 405].

 

v)         A placement decision review shall follow the process set forth in subsections (d) and (e)(1).

 

c)         Visitation Decision Review

 

1)         Visitation with a relative shall follow the youth in care's visitation plan. If the Department or contributing agency determines that a relative is inappropriate to serve as a visitation resource, the Department shall document the basis for the determination. The permanency worker shall complete the Denial and Request for Decision Review Letter and send it to the identified relative and to the youth in care's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405]. This letter will explain the reason for denial and process for a Department Decision Review. The identified relative shall have 30 days from the date of the letter to request a decision review.

 

2)         Along with a request for a decision review, denied identified relatives may submit additional information with the Decision Review Form to support their case. This additional information shall be considered in the decision review process set forth below.

 

3)         If age and developmentally appropriate, the permanency worker shall offer the youth in care an opportunity to provide a statement to be included in the review if the youth in care wishes. An attorney or guardian ad litem appointed under the Juvenile Court Act may submit a statement and additional information on behalf of the youth.

 

4)         A visitation decision review shall follow the process set forth in subsections (d) and (e)(2).

 

d)         Decision Review Process

 

1)         Upon receipt of a Decision Review, a Department designee will gather and review relevant documents and submit a brief summary of the case to the Decision Review Panel.

 

2)         The Department will conduct a Decision Review within 10 business days from the date of the request. The Decision Review will be conducted by a panel of Department staff from the following units:

 

A)        Permanency;

 

B)        Child Protection;

 

C)        Legal;

 

D)        Clinical;

 

E)        Director's Office;

 

F)         Background Check Unit;

 

G)        Placement Clearance Desk (PCD); and

 

H)        Staff from other divisions, when deemed necessary on a case-by-case basis.

 

3)         Upon completion of the review, the panel will recommend to the Director to either uphold the denial or overturn the decision with written notification to the Director within 10 business days.

 

4)         The Director will issue a decision to uphold the denial or overturn the decision with written notification to the requestor and the youth in care's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405] within 10 business days of receipt of the recommendation of the panel.

 

5)         A youth in care's placement shall not be changed pursuant to a Decision Review unless 89 Ill. Adm. Code 337 (Service Appeal Process) has been complied with. This process includes, but is not limited to, the right to receive notice of a decision to change a youth's placement, and the right to request an administrative appeal of a placement change. If a Decision Review determines the child should be moved to the relative placement, but a subsequent determination pursuant to 89 Ill. Adm. Code 337 based on fair hearing or clinical placement review requested by the youth or family (as defined in 89 Ill. Adm. Code 337.20) determines the youth should not be moved from the youth's current placement, the decision pursuant to 89 Ill. Adm. Code 337 will stand.

 

e)         Decision Review Criteria

 

1)         The following factors shall be considered when conducting a Certification Decision Review:

 

A)        the results of the background check for the Applicant or any other adult living in the home;

 

B)        the results of the safety and needs assessment; and

 

C)        the results of the caregiver assessment.

 

2)         The following factors shall be considered in the context of the child's age and developmental needs when conducting a Placement or Visitation Decision Review:

 

A)        the physical safety and welfare of the child, including food, shelter, health, and clothing;

 

B)        the development of the child's identity;

 

C)        the child's background and ties, including familial, cultural, and religious;

 

D)        the child's sense of attachments, including:

 

i)          where the child actually feels love, attachment, and a sense of being valued (as opposed to where adults believe the child should feel such love, attachment, and a sense of being valued);

 

ii)         the child's sense of security;

 

iii)        the child's sense of familiarity;

 

iv)        continuity of affection for the child;

 

v)         the least disruptive placement alternative for the child;

 

E)        the child's wishes and long-term goals, including the child's wishes regarding available permanency options and the child's wishes regarding maintaining connections with parents, siblings, and other relatives;

 

F)         the child's community ties, including church, school, and friends;

 

G)        the child's need for permanence which includes the child's need for stability and continuity of the relationships with parent figures, siblings, and other relatives; and

 

H)        the uniqueness of every family and child; [705 ILCS 405/1-3(4.05)]

 

f)         Nothing in this Part shall negate any rights set forth in 89 Ill. Adm. Code 337 including the right to appeal certain actions including but not limited to the right to administratively appeal placement changes, payment issues and failure to provide services as specified in the case plan.

 

g)         If the decision to deny certification, placement or visitation is a based on the fact that there has been no substantial change in circumstances since the relative's previous denied request for certification, placement or visitation, then the relative will not have the right to Decision Review of the subsequent decision.

 

Section 415.50  General Considerations for Certifying and Placement in Relative Homes

 

a)         Youth in care's wishes. When a youth in care expresses their wishes, the placing worker shall consider the youth in care's wishes when making the placement decision.

 

b)         Reunification. The placing worker shall consider the family's history, degree of cooperation, potential for quick reunification, obstacles to reunification being addressed by the family, and the Applicant's readiness to assist in reuniting the family.

 

c)         Permanent placement. The placing worker shall consider the Applicant's capacity and willingness to offer the youth in care a permanent placement.

 

d)         Parents. The placing worker shall consider the parents' wishes unless the wishes conflict with the youth in care's best interest.

 

e)         Renewals. The Department shall not require a certification renewal for the same placement unless original circumstances change.

 

f)         Re-assessments. If the designated youth in care is going to be placed in a certified relative caregiver home and it has been over six months since the home's certification, the certified caregiver home will be reevaluated in accordance with the procedures described in this Part. (See 225 ILCS 10/3.4)

 

g)         Re-examinations. A certified relative caregiver home shall immediately be re-examined if anyone in the home is indicated for child abuse or neglect. The purpose of the re-examination is to determine if the home is still a suitable placement and still satisfies the minimal certification requirements specified in this Part. The re-examination shall be concluded within 10 business days of the indicated finding and is separate from the formal investigation of the abuse or neglect report.

 

Section 415.60  Certified Relative Caregiver Orientation

 

A placing worker shall provide a certified relative caregiver with an orientation that includes the following information:

 

a)         the caregiver's right to be heard in juvenile court proceedings;

 

b)         the availability of the advocacy hotline and Office of Inspector General that caregivers may use to report incidents of misconduct or violation of rules by Department employees, service providers, or contractors;

 

c)         the Department's expectation for caregiver obligations including, but not limited to:

 

1)         specific requirements of court orders;

 

2)         critical incident notifications and timeframes;

 

3)         Age-appropriate supervision that meets the youth in care's identified needs. Permanency workers will be required to discuss supervision during monthly home visits.

 

4)         out-of-state travel;

 

5)         consent procedures; and

 

6)         providing safe and affirming care to support the youth in care.

 

d)         assistance available to the certified relative caregivers, including:

 

1)         child care;

 

2)         respite care;

 

3)         transportation assistance;

 

4)         case management;

 

5)         training and support groups;

 

6)         kinship navigator services;

 

7)         financial assistance; and

 

8)         after hours and weekend 24 hours, 7 days a week emergency supports, and how to access such assistance.

 

e)         the expectation of using normalcy parenting and the reasonable prudent parent standard. Relative caregivers are expected to use normalcy parenting and the reasonable prudent parent standard as described in 20 ILCS 505/7.3a for decision making regarding the youth in care's participation in extracurricular, cultural, and social activities that are appropriate for the youth in care's normal growth and development and enrichment; and

 

f)         permanency options.

 

g)         All adults who reside in the home shall receive orientation in a manner and location that is convenient for them. The options offered shall include, but are not limited to, one-on-one sessions held at the residence after business hours in the caregivers' preferred language. Residents of certified relative caregiver homes shall be provided with training opportunities. Training shall not be required and shall not cause a delay in the certification process for certified relative caregiver homes. [225 ILCS 10/3.4(e)]

 

Section 415.70  Religion

 

The right to determine a youth in care's religious affiliation is a residual parental right that remains with a parent after the transfer of legal custody or guardianship. [705 ILCS 405/1-13(13)]

 

Section 415.80  Discipline of Youth in Care

 

a)         The placing worker shall discuss the importance of using age-appropriate non-corporal discipline that meets the youth in care's identified needs. The discussion shall include information about trauma-based reactive behaviors and shall emphasize the negative effects resulting from using corporal punishment, as well as, the use of derogatory or demeaning language towards the youth in care or family members.

 

b)         Caregivers are prohibited from subjecting the youth in care to corporal punishment, verbal abuse, threats, or derogatory remarks about the youth in care or the youth in care's family.

 

Section 415.90  Sharing Information with Certified Relative Caregivers

 

The Department shall provide certified relative caregivers, with whom a youth in care has been placed, all detailed information and documents outlined in 225 ILCS 10/7.4 and 89 Ill. Adm. Code 301.120 (Sharing Appropriate Information with Caregivers).

 

Section 415.95  Ongoing Family Finding and Relative Engagement

 

a)         The Department shall make ongoing diligent efforts, to the fullest extent consistent with the minor's best interest, to engage in ongoing family finding and engagement after placement for the purposes of:

 

1)         establishing and supporting lifelong connections for the minor by building a network of sustainable and supportive relationships that allow the minor to experience a sense of belonging through enduring, life-long relationships with family, extended family, and other caring adults; and

 

2)         for minors who are not in a placement likely to achieve permanency, identifying relatives who may be willing and able to care for the minor and provide permanency for the minor.

 

Efforts to identify, locate, and engage relatives to assist in supporting and establishing lifelong connections for the minor are required, consistent with the best interests of the minor, even if the minor is placed with a relative, recognizing it may be in the minor's best interest to maintain connections with different relatives, and a relative's capacity to provide connection and support, may change over time.

 

b)         The Department shall provide a report to the court, as part of the reporting requirement under Section 2-10.1 of the Juvenile Court Act of 1987, not later than 45 days after a minor is placed in the Department's custody, and with each case plan submitted to the court thereafter, describing the Department's efforts to identify, locate, and engage relatives in a manner consistent with the minor's best interest. The initial and subsequent reports shall include:

 

1)         a list of contacts made and the outcome of each contact;

 

2)         for minors requiring placement in a home environment or a home likely to achieve permanency, the report shall specify which identified relatives have been evaluated as placement options, including assessment as a certified relative caregiver home under Section 3.4 of the Child Care Act of 1969 [225 ILCS 10], and the diligent efforts the Department is undertaking to remove barriers to placement, if applicable, with one or more relatives or certified relative caregivers. If the Department determines placement with an identified relative willing to serve as a caregiver for the minor is not in the minor's best interest, the Department shall include its rationale in the report; and

 

3)         consistent with the minor's best interest, the manner in which the relative or person may be engaged with the minor. Engagement may include, but is not limited to, in person visitation, virtual visitation, telephone contact, supervising visits between the minor and a parent or sibling, assisting with transportation, providing respite care and providing placement. If the Department determines an identified relative's engagement with the minor is not in the minor's best interest, the Department shall include its rationale in the report. [705 ILCS 405/2-27.3]

 

c)         Unless the court grants an exception in accordance with Section 2-27.3 of the Juvenile Court Act of 1987 [705 ILCS 405], the Department shall continue to make diligent efforts to identify and locate relatives to act as resources for future placements, visitation, and family supports when it determines a youth in care needs placement away from a home environment. If the Department believes ongoing family finding and relative engagement efforts would be futile and no longer in the youth in care's best interest, the Department shall document the basis of its determination and inform the court of the reasons ongoing relative engagement efforts should cease.

 

Section 415.100  Complaints

 

Procedures for filing complaints shall be made available in writing to both new Applicants and current certified relative caregivers and the residents of certified relative caregiver homes, as soon as feasible. This requirement applies to all contributing agencies that provide services to relatives and certified relative caregiver homes. Contributing agencies shall have six months following July 1, 2025 to file complaint procedures with the Department. Contributing agencies shall be able to accept complaints seven days a week. When a complaint is received, the Department has 30 days from receipt of the complaint to review.  Complaints received pursuant to this Section shall be referred to the appropriate Department unit such as Licensing or the Advocacy Office for Children and Families for further review or assistance.

 

Section 415.110  Monitoring

 

A relative caregiver certified under this Part shall cooperate with the Department or contributing agency to assure continuing compliance with requirements. Each certified relative caregiver shall be visited by the permanency worker of the Department or the contributing agency at least once every 30 days to ensure the certification standards are being met.

 

Section 415.115  Failure to Maintain Conditions for Certification

 

a)         The Department or the contributing agency that manages the case shall monitor the certified relative caregiver and home to ensure that the conditions for certification are maintained as part of normal case management. If the Department or the contributing agency have reason to believe that the certified relative caregiver fails to maintain the conditions for certification set forth in this Section, the Department or the contributing agency shall immediately re-examine the home to ensure it continues to meet the minimum conditions of certification. If it does not, the Department or the contributing agency shall provide the relative, the youth's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405], and, in the case of a contributing agency managing the case, the Department itself, with a written statement explaining:

 

1)         what standards are not met;

 

2)         what services or supports, if any, the Department or the contributing agency can offer to assist the relative in meeting the standard; and

 

3)         the time frame by when the relative is expected to come into compliance with the standard.

 

b)         The Department or the contributing agency will ensure that certified relative caregivers are provided reasonable assistance to correct deficiencies or address issues to enable the relative to meet conditions for certification where possible.

 

c)         If the relative fails to correct the deficiencies or if it is not possible to correct the reason the relative does not meet the standards in the time frame specified, the Department or the contributing agency shall notify the relative that the certification is no longer valid and denied. The worker shall complete the Denial and Request for Decision Review Letter and send it to the relative and the youth in care's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405]. This letter will explain the reason for denial and the process for a Department Decision Review. The relative shall have 30 days from the date of the letter to request a decision review.

 

d)         If a child is already in the home, worker shall do a best interest review to determine if the child should be moved.

 

e)         Certification decisions are not subject to a service appeal pursuant to 89 Ill. Adm. Code 337. Nothing in this Part shall otherwise negate any rights a relative caregiver has pursuant to 89 Ill. Adm. Code 337 unless explicitly stated.

 

f)         Subject to the other terms of this Part, the relative may re-apply for certification if the circumstances that led to the loss of certification have changed.

 

Section 415.120  Payment Process

 

a)         Beginning July 1, 2025, relative homes providing care to a child placed by the Department that are not a certified relative caregiver home under Section 3.4 of the Child Care Act of 1969 or a licensed foster family home shall be eligible to receive payments from the Department in an amount no less than 90% of the payments made to licensed foster family homes and certified relative caregiver homes. [20 ILCS 505/5(u-5)]

 

b)         Relatives who care for youth in care may 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).

 

c)         Notwithstanding the relative's decision regarding applying for licensure, when a relative has been certified as a relative caregiver under this Part, the relative will receive the full established foster care maintenance payment rate (see 89 Ill. Adm. Code 356.30) for licensed caregivers based on the number and ages of children placed in care.  The caregiver must have a social security number (SSN) or an individual taxpayer identification number (TIN) to receive the monthly stipend.

 

Section 415.130  Review of Payments and Certification Standards

 

In accordance with section 471(a)(11) of the Social Security Act [42 U.S.C. 671], the Department must review the following, every three years:

 

a)         The amount of the payments made for foster care maintenance to assure the payments' continued appropriateness, and that the amount made to a certified relative home is the same as the amount that would have been made if the child was placed in a licensed non-relative foster family home;

 

b)         The amount of the payments made for adoption assistance to assure the payments' continued appropriateness; and

 

c)         The certification standards for certified relative homes.

 

Section 415.140  Reports

 

a)         Beginning January 1, 2026 and annually thereafter, the Department shall post on its website data from the preceding State fiscal year regarding:

 

1)         the number of youth in care who were adopted specifying the length of stay in out-of-home care and the number of youth in care who exited to permanency through guardianship specifying the length of stay in out-of-home care and whether the guardianship was subsidized or unsubsidized for each case;

 

2)         the number of youth with the permanency goal of guardianship and the number of youth with the permanency goal of adoption;

 

3)         the number of youth in care who moved from non-relative care to a relative placement;

 

4)         the number of homes that successfully became a certified relative caregiver home;

 

5)         the number of reconsideration reviews of the Department's decisions not to place a child with a relative. For data related to each reconsideration review, the Department shall indicate whether the youth in care resides in a licensed placement or in the home of a relative at the time of the reconsideration review, the reason for the Department's denial of the placement with the relative, and the outcome associated with each reconsideration review.

 

b)         The Department shall include a description of the methodology the Department used to collect the information, indicate whether the Department had any difficulties collecting the information, and indicate whether there are concerns about the validity of the information. If any of the data elements required to be disclosed could reveal a youth in care's identity if revealed in combination with all the identifying information due to small sample size, the Department shall exclude the data elements that could be used to identify the youth in care so that the data can be included as part of a larger sample and report that the data was excluded for this reason. [20 ILCS 505/46]

 

Section 415.150  Relative Caregiver Application Form for Certification

 

To be considered to become a certified relative caregiver, a relative shall complete an application form. Only a Department-issued official form with a CFS number in the top left-hand corner shall satisfy the requirements of 225 ILCS 10/3.4 and this Part. The form shall consist of the following elements:

 

a)         The title, which will be: "Relative Caregiver Application Form for Certification".

 

b)         An explanatory introduction, which will contain the following text:

 

"You have been identified as a relative of a child who needs placement. You are receiving this application to begin the certification process for a related child to be placed with you. We consider any adult with a meaningful relationship to the child a family member (or "relative"), even if you are not related by blood or marriage.

 

Our agency is committed to ensuring a safe environment for the child and this means considering everything we can about whoever cares for them while they are separated from their home. In addition to ensuring child safety, getting certified as a relative caregiver has benefits for your household such as:

 

Government funds to assist with expenses

 

Service referrals to support the child

 

Power as a decision maker for the child, with the ability to:

 

Enroll the child into your local school district

 

Work directly with the child's doctors (pediatrician, dentist, etc.)

 

Give input on when and how the child interacts with their previous caregivers until they are able to reunite

 

The application to become a formal relative caregiver includes all of the following checks:

 

Home assessment to make sure your home is safe for the child, completed by the caseworker while you are present

 

Caregiver assessment to make sure you're able to care for the child

 

Criminal background records, including fingerprinting for any person 18 and older

 

Child abuse and neglect records for any person 13 and older

 

Sex offender registry records for any person 13 and older

 

To complete the criminal background check you will need to show an ID, like a driver's license or passport. Refer to the fingerprinting ID form for more information. If you have a social security number or tax ID number (ITIN), you will need to provide it on the Authorization for Background Check for Certified Relative Homes Form.

 

Talk with your caseworker if you need these forms in a different language, accommodations for a disability, or do not understand something for any reason. Your caseworker will refer you to resources, including the opportunity to connect with other relative caregivers.

 

We recognize that this process looks into highly sensitive information about you, your past, and your home. For instance, even if you have a record, the agency might be able to approve you, so long as there is proof that it will not affect the child's safety and well-being.

 

Thank you for going through this application process and offering a home for your family member."

 

c)         A section entitled "Instructions", which will contain the following text:

 

This form is used to apply to get certified as a formal relative caregiver. If you have any questions about this form, please contact your caseworker for assistance. Please print clearly when completing this form. Questions about gender, race, and ethnicity are collected for statistical purposes.

 

d)         A section entitled "Section 1: Relative Caregiver Applicant Information", which will request the following information for each applicant:

 

1)         First name;

 

2)         Middle name;

 

3)         Last name;

 

4)         Gender (how they identify);

 

5)         Race or ethnicity (how they identify);

 

6)         Tribal affiliation (if any);

 

7)         Email;

 

8)         Cell phone;

 

9)         Work phone;

 

10)       Home phone;

 

11)       Current address;

 

12)       Mailing address; and

 

13)       Whether a language other than English is spoken and if so what language and proficiency (bilingual, fluent, conversational).

 

e)         A section entitled "Section 2: Child Information", which will request the following information for each child a relative is seeking to become a certified relative caregiver for:

 

1)         First Name;

 

2)         Middle name;

 

3)         Last name;

 

4)         Date of birth;

 

5)         Gender;

 

6)         Race or ethnicity;

 

7)         Tribal affiliation (if any); and

 

8)         Relationship to caregiver (Applicant 1).

 

f)         A section entitled "Section 3: Other Persons Living in the Home", which will include the following information for each other person living in the home:

 

1)         Name;

 

2)         Relationship; and

 

3)         Date of Birth.

 

g)         An agreement section with the following declaration: "I, the undersigned, hereby apply for certification as a relative caregiver. I declare that I:  

 

1)         Have received a copy of the standards for certified relative homes, have read them and are familiar with them.  

 

2)         Will be subject to and cooperate with the supervising agency in the certification process to determine my compliance with certification standards.  

 

3)         Will be subject to supervision in terms of ongoing conformance with certification standards upon approval as a certified relative home."

 

4)         The declaration shall have places for the applicant to sign and date.

 

Section 415.160  Authorization for Background Check for Certified Relative Homes

 

To be considered to become a certified relative caregiver, a relative and all other adults living in the home age 18 or older shall complete an authorization for a background check form. Only a Department-issued official form with a CFS number in the top left-hand corner shall satisfy the requirements of 225 ILCS 10/3.4 and this Part. The form shall consist of the following elements:

 

a)         The title, which will be "Authorization for Background Check for Certified Relative Homes".

 

b)         A box for the individual completing the form to select if they are the applicant, member of household, or the youth in care.

 

c)         A section entitled "Personal Information", which will request the following information:

 

1)         Last name;

 

2)         First name;

 

3)         Middle initial;

 

4)         Maiden and any names formerly used (last, first, middle initial);

 

5)         Current address and telephone number;

 

6)         Social security or ITIN number;

 

7)         If a person has lived outside of Illinois in the past five years, and if so all the complete addresses for the past five years and the dates lived at each address;

 

8)         Date of birth;

 

9)         Age;

 

10)       Place of birth;

 

11)       Citizenship;

 

12)       Sex;

 

13)       Height;

 

14)       Weight;

 

15)       Hair color;

 

16)       Eye color;

 

17)       Race; and

 

18)       Ethnicity.

 

d)         A section with the questions "have you ever been indicated as a perpetrator in a child abuse and neglect investigation" and "have you ever been convicted of a criminal offense, other than a minor traffic violation".  The following certification shall appear in this section: "I certify that I have read and understood the Authorization and Certification box on the back page of this form." The certification will have places for the individual to sign and date.

 

e)         A section to be completed by the worker at the supervising agency, which requests the following information:

 

1)         Date fingerprinted;

 

2)         Full name of provider;

 

3)         Provider ID number;

 

4)         Provider address;

 

5)         Supervising agency name and provider ID or DCFS region, site, and field;

 

6)         Name of worker;

 

7)         Worker ID and phone number;

 

8)         Name of supervisor; and

 

9)         Supervisor ID and phone number.

 

f)         A section to be completed by the Department, which includes the following information:

 

1)         Sex offender clearance;

 

2)         CANTS clearance;

 

3)         Illinois State Police clearance;

 

4)         FBI clearance;

 

5)         SID number;

 

6)         Clear;

 

7)         Record;

 

8)         BC-03 registered; and

 

9)         FBI sent out.

 

g)         A section with instructions on how to complete the form.

 

h)         A section for the Illinois State Police and Privacy Act Statement with a place for the individual's signature and date.

 

i)          A section with the following certification: "I hereby authorize the release of any criminal history record information, that may exist, regarding me from any agency, organization, institution, or entity having such information on file. I am aware and understand that my fingerprints may be retained and will be used to check the criminal history record information files of the Illinois State Police and/or the Federal Bureau of Investigation, to include but not limited to civil, criminal and latent fingerprint databases. I also understand that if my photo was taken, my photo may be shared only for employment, certification, or licensing purposes. I further understand that I have the right to challenge any information disseminated from these criminal justice agencies regarding me that may be inaccurate or incomplete pursuant to Title 28 Code of Federal Regulation 16.34 and Chapter 7 of the Criminal Identification Act. [ 20 ILCS 2630/7]

 

I authorize the Illinois Department of Children and Family Services to conduct an investigation to determine whether I have ever been charged with a crime and, if so, the disposition of those charges. I authorize the Department to request information and assistance from the U.S. Justice Department and the Illinois Attorney General in the conduct of this investigation. I authorize the Department to periodically search child abuse and neglect registries to determine whether I have been a perpetrator of an "indicated" finding of child abuse or neglect pursuant to the Abused and Neglected Child Reporting Act or other states' relevant laws. I authorize the Department to conduct periodic searches of pertinent sex offender registries. The child abuse and neglect background check, out-of-state child abuse and neglect background check, sex offender search, and the criminal history investigation may be used for considering an application for relative home certification. Authorization for household members 13 through 17 years of age must be obtained to conduct a search of pertinent child abuse/neglect databases and sex offender registries only and are not subject to fingerprinting.

 

I understand the information obtained as a result of my authorizing this investigation is confidential. Only the Department shall receive for review FBI background check results, and upon request, I will be provided a copy. I further certify that the information provided on this form is true and correct. I acknowledge that falsification of any information provided above and/or the results of the background check may be full and sufficient grounds to deny the application for certification."

 

j)          A section with directions for contacting the Illinois State Police and/or the FBI if the individual believes that the criminal history information discovered in the background check process is incorrect. The form will direct the individual to ISP's administrative rules (20 Ill. Adm. Code 1210) and to the FBI's website (https://forms.fbi.gov/cjis-ucr/identity-history-summary-checks-review)

 

Section 415.170  Criminal History Evaluation Form

 

Once a background check has been completed for a relative caregiver applicant or another adult living in the home, if the individual has a criminal history, that history shall be evaluated using an evaluation form. Only a Department-issued official form with a CFS number in the top left-hand corner shall satisfy the requirements of this Part. The form shall consist of the following elements:

 

a)         The title, which will be: "Criminal History Evaluation Form".

 

b)         Instructions, which will include the following information: "Use this form to evaluate whether to waive child abuse, neglect, or criminal history for a relative caregiver applicant or another adult living in the home. Federally disqualifying crimes may not be waived."

 

c)         A section entitled "Section 1: Applicant Information", which will request the following information:

 

1)         Full name;

 

2)         Date of birth;

 

3)         Applicant's role in child's care;

 

4)         Background check purpose;

 

5)         Background check type;

 

6)         Case number; and

 

7)         Date submitted.

 

d)         A section entitled "Section 2: Evaluation Criteria", which includes the following guidelines for reviewing the criminal history.  Even if the background check results reveal a criminal conviction for the relative caregiver applicant or any other person living in the home, the agency may approve them so long as there is proof that the conviction will not affect the child's safety and well-being. The agency may consider the following factors:

 

1)         The type of crime;

 

2)         The amount of time that has passed since the crime;

 

3)         The individual's age at the time of conviction;

 

4)         The seriousness of the crime;

 

5)         Evidence of rehabilitation since conviction (may include completion of treatment, court-ordered classes, community service, character references, etc.);

 

6)         The total number and type of crimes, and ages at the time they were committed; and

 

7)         The role the individual plans to have with the child.

 

e)         A section entitled "Section 3: Background Information", which requests the following information:

 

1)         Criminal conviction;

 

2)         Date of the conviction; and

 

3)         A description of what happened, where, and who was involved.

 

f)         A section entitled "Section 4: Additional Background Information", which requests the following information:

 

1)         Child abuse and neglect history;

 

2)         Child's age and any special needs;

 

3)         Evidence of changed behavior;

 

4)         Who completed the form;

 

5)         Title of the person who completed the form; and

 

6)         The date the form was completed.

 

g)         A section entitled "Section 5: Decision", which is to be completed by a supervisor or higher, to select whether the individual passed, passed for certification purposes only, or did not pass the criminal history evaluation with a place for comments in support of the decision. The decision also includes a place for the name, title, and the date of the person who made the decision.

 

Section 415.180  Out-of-State Child Abuse and Neglect Findings Request

 

A standardized form shall be used to check for child abuse and neglect findings in another state. Only a Department-issued official form with a CFS number in the top left-hand corner or a form issued and required by the receiving state shall satisfy the requirements of this Part. The Department form shall consist of the following elements:

 

a)         The title, which will be: "Out-of-State Child Abuse and Neglect Findings Request".

 

b)         Instructions for the form, which shall include the following text:

 

"Use this form to check whether an individual has substantiated findings of child abuse or neglect in another state. This form must be completed if a relative caregiver applicant, or another adult living in their home, has lived out of state in the past five years. Complete one form for each individual for each state they have resided in."

 

c)         A section entitled, "Section 1: Applicant Information", which requests the following information:

 

1)         First name;

 

2)         Middle name;

 

3)         Last name;

 

4)         Other names used including birth name and previously married name;

 

5)         Date of birth;

 

6)         Social security number or tax ID number (ITIN); and

 

7)         Past addresses where the applicant has lived in the past 5 years.

 

d)         A section entitled "Section 2: Requesting Agency", which requests the following information:

 

1)         Agency name;

 

2)         Staff name;

 

3)         Staff title;

 

4)         Centralized email;

 

5)         Staff phone number; and

 

6)         Request date.

 

e)         A section entitled "Section 3: Results", which requests the following information:

 

1)         Does the applicant have a record of substantiated child abuse or neglect and if so refers to an attached record.

 

2)         Agency name;

 

3)         Staff initials; and

 

4)         Date.

 

Section 415.190  Relative Safety, Needs, and Caregiver Assessment

 

As part of the process to become a certified relative caregiver, the placing worker shall complete a safety and needs assessment of the home as well as a caregiver assessment. Only a Department-issued official form with a CFS number in the top left-hand corner shall satisfy the requirements of 225 ILCS 10/3.4 and this Part. The form shall consist of the following elements:

 

a)         The title of the first part will be "Relative Caregivers: Safety and Needs Assessment".

 

b)         An explanatory introduction, which will contain the following text:

 

1)         "The goal of this assessment is to prepare a caregiver's home for children. The intention is to support and strengthen families, not deny them for lacking these safety measures. Exercise flexibility for what each child needs based on age, maturity, history, and ability of children.

 

2)         If "no" is checked for any standard listed on the assessment, the agency will create a plan with the family to resolve issues by an agreed upon date."

 

c)         There shall be five sections of the form (conditions of the home, hazardous material storage, emergency preparedness, sleeping arrangements, and items and support), which will contain the safety measures outlined in Section 415.40(d)(2)(A)(i) through (xvi).

 

d)         A place for additional needs for the safety and well-being of the children, which shall include, but is not limited to:

 

1)         Food, including any food allergies and dietary restrictions;

 

2)         Child care;

 

3)         Clothes, undergarments, pajamas, shoes, and coats;

 

4)         Medications, including any prescriptions the child takes;

 

5)         Basic first aid supplies such as thermometers, children's pain or fever reliever, bandages, etc.;

 

6)         Toiletries such as toothbrush and toothpaste, deodorant, hair products, and menstrual products;

 

7)         School supplies;

 

8)         Formula and bottles;

 

9)         Diapers and wipes; and

 

10)       A place to enter other needs such as personal items the child would like from their parents' house.

 

e)         A section entitled "Resources for Caregivers", which serves as a place for the placement worker to note they shared and reviewed resource information with the family.

 

f)         The title of the second part will be "Relative Caregivers: Caregiver Assessment".

 

g)         An explanatory introduction to the caregiver assessment, which will contain the following text:

 

1)         "The goal of the caregiver assessment is to consider the caregiver's ability to make careful and sensible parental decisions based on the youth in care's age, maturity, health, safety, and best interest in accordance with the reasonable and prudent parenting standard. The caregiver's ability to care for all physical, emotional, medical, and educational needs shall be considered.

 

2)         The caregiver assessment will document the caregiver's plans, utilization of available resources, and reactions to situations to ensure the children will have needs met. Questions are meant to prompt the caseworker when interviewing the caregiver and help form a narrative of the caseworker's observations and the caregiver's responses."

 

h)         A separate box for each standard shall also contain prompts for that standard and a place for the caregiver's responses. The form shall include, but will not be limited to, the following standards and shall incorporate the requirements set forth in Section 415.40(d)(3):

 

1)         The caregiver recognizes threats to the children. The caregiver has situational awareness and is alert to people and circumstances in the environment that could potentially pose a threatening or dangerous condition to the children. The caregiver is adaptive and adjusts behaviors to respond to safety threats that arise. The caregiver adjusts their ways of behaving to maintain child safety in evolving circumstances.

 

2)         The caregiver recognizes the children's needs. The caregiver has sufficient basic parenting knowledge to meet the children's developmental needs, as well as to identify and understand a child's individual strengths, capabilities, temperament, behaviors, emotions, and limitations.

 

3)         The caregiver meets own emotional needs. As demonstrated by having a sense of, security, autonomy, belonging, and meaning in aspects of life without compromising their ability to ensure child safety. The caregiver is able to separate own needs from needs of the children.

 

4)         The caregiver is resilient, having the ability to withstand periods of stress challenging situations, and significant life events without losing the ability to meet caregiving responsibilities and ensure child safety. As demonstrated by the caregiver identifying effective coping strategies, creatively using resources available to solve problems. The relative is emotionally stable and able to intervene to protect the children. The caregiver demonstrates enough control over feelings and emotions to act on behalf of the children. The caregiver is mentally alert, rational, and able to focus.

 

5)         The caregiver is emotionally connected to the children and sensitive to their experiences, feelings, and thoughts. The relative values the relationship with the children and is responsive to the children's feelings, needs, and wants. The caregiver is invested in ensuring the children's care and protection. The caregiver considers how decisions and actions affect the children.

 

6)         The caregiver will ensure the children are taken to all medical, dental, and mental health appointments. The caregiver will engage and involve the children's parents when appropriate regarding the health and well-being of their children. The caregiver will notify the parents of the children's appointments. The caregiver will notify the caseworker in a timely manner if the caregiver is unable to take the children to required appointments.

 

7)         The caregiver will enroll children who are of age in school. The caregiver will take all reasonable and necessary action to ensure the children attend school regularly, and to attend all required meetings with teachers and school officials. The caregiver will engage and involve the children's parents when appropriate regarding the education of their children. The caregiver will notify the parents of required meetings with teachers and school officials.

 

8)         The caregiver understands that the Department may approve and arrange supervised visits between the birth parents, siblings, and the children. The caseworker will notify the relative of the frequency, dates, and locations of visits and will notify the relative when visits must be supervised.

 

i)          A section entitled "Placement Recommendation", which will contain additional notes, what the placement recommendation is for the caregiver, and a place to document the reason for the placement recommendation, what items need to be addressed, or why a placement is being denied. The recommendation includes a place for the caregiver to sign and date and the agency staff to sign and date.

 

j)          Instructional guidance will be included with the following text:  "Before conducting the assessment, if possible, share this document with caregivers ahead of the home visit so that they know what to expect and can have their home as ready as possible.

 

1)         During the assessment:

 

A)        Assume good intent at the start that the caregiver is going to create a safe environment for the child.

 

B)        What "good" or "safe" looks like varies significantly across families in different cultures. Use your professional judgement and exercise flexibility for what the children need based on age, maturity, history, and abilities of the child (including: cognitive, social, and emotional development). Do the same to evaluate the conditions of the home and what's practical for that case.

 

C)        Support the caregiver by offering solutions for all issues identified:

 

i)          Pay for safety improvements, or identify outside support for the caregiver.

 

ii)         Safety improvements need to be as simple as possible and within reason (e.g., not requiring them to move to a new home).

 

D)        Share with the caregiver why each safety measure is important, especially ones that the caregiver has not readily met.

 

E)        Not meeting a standard does not constitute failing the assessment.

 

2)         In filling out this form:

 

A)        "Yes" indicates that the caregiver meets each standard.

 

B)        "No" indicates there is an outstanding need or the need for assistance.

 

C)        "N/A" indicates it is not relevant or does not pertain to the family or home."

 

Section 415.200  Denial and Request for Decision Review Letter

 

If certification, initial placement, or visitation is denied, and after the caregiver applicant has been offered the opportunity to correct any deficiencies, a template letter shall be completed explaining the reasons for the denial and offering the opportunity to request a Department Decision Review. Only a Department- Issued official form with a CFS number in the top left-hand corner shall satisfy the requirements of this Part. The form shall consist of the following elements:

 

a)         Date.

 

b)         Applicant's name.

 

c)         Applicant's address.

 

d)         Children's names.

 

e)         The reasons certification, initial placement, or visitation is not being recommended.

 

f)         Name of the representative.

 

g)         Job title of the representative.

 

h)         Email address of the representative.

 

i)          Phone number of the representative.

 

j)          Instructions for how to request a decision review, which contain the following text:

 

"First, take a moment to gather your thoughts and start thinking about what issue needs to be resolved, how you think it should be resolved, and what outcome it is you are looking for.

 

You can request a Department Decision Review for reasons such as:

 

Child abuse, neglect or another crime was found on your criminal record.

 

Your home did not meet our standards for certification.

 

The child's needs cannot be met by your family at this time.

 

The child was placed with you.

 

You have been denied visitation with the youth in care.

 

To request a Department Decision Review, please complete and submit the form included with this letter within 30 days of the date of this letter. The Department, within ten business days after the receipt of the request, will hold a decision review. A final decision will be made by the Department within ten business days after the review is held. If the child is currently placed with you and a change in placement is recommended, you will receive a separate statement on the right to appeal the change at that time."

 

k)         A Decision Review Form the relative can return if they wish to request a decision review which contains the following elements:

 

1)         Instructions for how to request a decision review, which contain the following text:

 

"First, check the box below and sign and date if you wish to request a Department Decision Review."

 

2)         Checkboxes for each of the following:

 

A)        I wish to request a Certification Decision Review regarding my denial of relative home certification.

 

B)        I wish to request a Placement Decision Review regarding my denial of initial placement of a youth in care in my home.

 

C)        I wish to request a Visitation Decision Review regarding my denial of visitation with a youth in care.

 

3)         A place for the relative's signature and date.

 

4)         Instructions for where to send the form to, including the following text:

 

"Second, make a copy of the form for your records and send to (email or postal address)".

 

5)         A place for an email or postal address where the completed form must be sent.

 

6)         Instructions to attach any additional information, including the following text:

 

"If you wish to submit additional information to support your case, please attach it to the email or include it in the envelope with this form. This additional information will be submitted to the review panel and included in the review."