Section 301.440  Specific Disclosure of Foster Parent/Relative Caregiver Identifying Information

a)         Assessment

During the first 30 days after the child comes into care, the Department or purchase of service agency shall conduct an assessment in accordance with 89 Ill. Adm. Code 315 (Permanency Planning), Section 315.100 (Assessment). Identifying information of the foster parent/relative caregiver shall not be released to the child's parents or siblings in the care of their parents when any of the following is found in the assessment of the parent or other adult living in the home:

1)         A check of the Law Enforcement Agencies Data System (LEADS) identifies a conviction for any of the crimes listed in Appendix A(a)(1), (3), or (4) of this Part; or

2)         The parent or other adult living in the home has threatened violence against a foster parent/relative caregiver or Department or purchase of service agency worker; or

3)         The parent or other adult living in the home has exhibited violence against a foster parent/relative caregiver or Department or purchase of service agency worker in the past; or

4)         The parent or other adult living in the home has threatened to abduct or harm the child.

b)         When a decision is made based on the assessment completed in accordance with subsection (a) not to disclose the identifying information of the foster parent/relative caregiver to siblings in the care of their parents, the Department or purchase of service agency shall notify each child's attorney and guardian ad litem in writing within seven days after that determination and shall provide information from the assessment to justify the decision.

c)         Disclosure to Parents When the Goal is Return Home

1)         When the child's permanency goal is return home, parent-child visits, telephone calls at reasonable hours and mail shall be encouraged in accordance with the service plan and Section 301.210(a) (Family-Child Visitation).  The name, address and telephone number of the foster parent/relative caregiver shall not be disclosed to the parents until the assessment has been completed and a determination has been made whether to disclose the information.

2)         If, based on the assessment in subsection (a) above, the Department or purchase of service agency determines that the name, address and telephone number of children under the custody/guardianship of the Department should be released to the parents, the Department shall notify the foster parent/relative caregiver in accordance with Section 301.450.

d)         Disclosure to Siblings in the Care of Their Parents

The Department or purchase of service agency shall provide children who are seven years of age and older who are in the care of their parents with the name, address and telephone number of children under the custody/guardianship of the Department in accordance with Section 301.230 (Contact Among Siblings Placed Apart),  unless:

1)         the Department or purchase of service agency has determined that it is not in the child's best interests to provide information on his or her whereabouts to his or her siblings, and the Department or purchase of service agency has notified each child's attorney and guardian ad litem in accordance with Section 301.230(b);

2)         the Department or purchase of service agency has determined that identifying information of the foster parent/relative caregiver shall not be released to the sibling based on the results of the assessment completed in accordance with subsection (a) and the Department or purchase of service agency has notified each child's attorney and guardian ad litem in accordance with subsection (b); or

3)         a court has prohibited disclosure of this information.

e)         Other Permissible Disclosure

The name, address and telephone number of foster parents or relative caregivers may be given to persons other than those listed in subsections (c) and (d), as necessary to provide services described in the service plan when specific notice has been given in accordance with Section 301.450.

(Source:  Added at 25 Ill. Reg. 11803, effective September 14, 2001)