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).