Section 315.241  Continuing Foster Care

a)         Description

The guardianship of the minor will remain with the Department and the minor will be in continuing foster care if all other permanency goals have been ruled out.

b)         Criteria for Selection

Continuing foster care may be selected as the permanency goal when:

1)         the Department of Children and Family Services has custody and guardianship of the minor;

2)         all other permanency goals have been ruled out based on the minor's best interest;

3)         the court has selected the goal, having found compelling reasons to place the minor in continuing foster care;

4)         the minor has lived with the relative or foster parent for at least one year; and

5)         the relative or foster parent currently caring for the child is willing to provide, and capable of providing, the child with a stable and permanent environment for the foreseeable future.

c)         Compelling Reasons

Compelling reasons must be documented, reviewed and considered by the court, and include:

1)         the minor does not wish to be adopted or to be placed in the guardianship of his or her relative or foster care placement;

2)         the minor exhibits an extreme level of need such that the removal of the minor from his or her placement would be detrimental to the child; or

3)         the minor who is the subject of the permanency hearing has existing close and strong bonds with a sibling, and achievement of another permanency goal would substantially interfere with the minor's sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is in the minor's best interest, including long-term emotional interest, as compared with the legal and emotional benefit of permanence.

(Source:  Added at 35 Ill. Reg. 14935, effective September 1, 2011)