|
because of severe emotional disturbances, physical
|
disability, social adjustment or any combination |
thereof, or because of the
need to complete an |
educational or vocational training program.
|
(2) "Homeless youth" means persons found within the
|
State who are under the age of 19, are not in a safe and |
stable living
situation and cannot be reunited with their |
families.
|
(3) "Child welfare services" means public social |
services which are
directed toward the accomplishment of |
the following purposes:
|
(A) protecting and promoting the health, safety |
and welfare of
children,
including homeless, |
dependent, or neglected children;
|
(B) remedying, or assisting in the solution
of |
problems which may result in, the neglect, abuse, |
exploitation, or
delinquency of children;
|
(C) preventing the unnecessary separation of |
children
from their families by identifying family |
problems, assisting families in
resolving their |
problems, and preventing the breakup of the family
|
where the prevention of child removal is desirable and |
possible when the
child can be cared for at home |
without endangering the child's health and
safety;
|
(D) restoring to their families children who have |
been
removed, by the provision of services to the |
|
child and the families when the
child can be cared for |
at home without endangering the child's health and
|
safety;
|
(E) placing children in suitable adoptive homes, |
in
cases where restoration to the biological family is |
not safe, possible, or
appropriate;
|
(F) assuring safe and adequate care of children |
away from their
homes, in cases where the child cannot |
be returned home or cannot be placed
for adoption. At |
the time of placement, the Department shall consider
|
concurrent planning,
as described in subsection (l-1) |
of this Section so that permanency may
occur at the |
earliest opportunity. Consideration should be given so |
that if
reunification fails or is delayed, the |
placement made is the best available
placement to |
provide permanency for the child;
|
(G) (blank);
|
(H) (blank); and
|
(I) placing and maintaining children in facilities |
that provide
separate living quarters for children |
under the age of 18 and for children
18 years of age |
and older, unless a child 18 years of age is in the |
last
year of high school education or vocational |
training, in an approved
individual or group treatment |
program, in a licensed shelter facility,
or secure |
child care facility.
The Department is not required to |
|
place or maintain children:
|
(i) who are in a foster home, or
|
(ii) who are persons with a developmental |
disability, as defined in
the Mental
Health and |
Developmental Disabilities Code, or
|
(iii) who are female children who are |
pregnant, pregnant and
parenting, or parenting, or
|
(iv) who are siblings, in facilities that |
provide separate living quarters for children 18
|
years of age and older and for children under 18 |
years of age.
|
(b) (Blank).
|
(c) The Department shall establish and maintain |
tax-supported child
welfare services and extend and seek to |
improve voluntary services
throughout the State, to the end |
that services and care shall be available
on an equal basis |
throughout the State to children requiring such services.
|
(d) The Director may authorize advance disbursements for |
any new program
initiative to any agency contracting with the |
Department. As a
prerequisite for an advance disbursement, the |
contractor must post a
surety bond in the amount of the advance |
disbursement and have a
purchase of service contract approved |
by the Department. The Department
may pay up to 2 months |
operational expenses in advance. The amount of the
advance |
disbursement shall be prorated over the life of the contract
|
or the remaining months of the fiscal year, whichever is less, |
|
and the
installment amount shall then be deducted from future |
bills. Advance
disbursement authorizations for new initiatives |
shall not be made to any
agency after that agency has operated |
during 2 consecutive fiscal years.
The requirements of this |
Section concerning advance disbursements shall
not apply with |
respect to the following: payments to local public agencies
|
for child day care services as authorized by Section 5a of this |
Act; and
youth service programs receiving grant funds under |
Section 17a-4.
|
(e) (Blank).
|
(f) (Blank).
|
(g) The Department shall establish rules and regulations |
concerning
its operation of programs designed to meet the |
goals of child safety and
protection,
family preservation, |
family reunification, and adoption, including, but not
limited |
to:
|
(1) adoption;
|
(2) foster care;
|
(3) family counseling;
|
(4) protective services;
|
(5) (blank);
|
(6) homemaker service;
|
(7) return of runaway children;
|
(8) (blank);
|
(9) placement under Section 5-7 of the Juvenile Court |
Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile |
|
Court Act of 1987 in
accordance with the federal Adoption |
Assistance and Child Welfare Act of
1980; and
|
(10) interstate services.
|
Rules and regulations established by the Department shall |
include
provisions for training Department staff and the staff |
of Department
grantees, through contracts with other agencies |
or resources, in screening techniques to identify substance |
use disorders, as defined in the Substance Use Disorder Act, |
approved by the Department of Human
Services, as a successor |
to the Department of Alcoholism and Substance Abuse,
for the |
purpose of identifying children and adults who
should be |
referred for an assessment at an organization appropriately |
licensed by the Department of Human Services for substance use |
disorder treatment.
|
(h) If the Department finds that there is no appropriate |
program or
facility within or available to the Department for |
a youth in care and that no
licensed private facility has an |
adequate and appropriate program or none
agrees to accept the |
youth in care, the Department shall create an appropriate
|
individualized, program-oriented plan for such youth in care. |
The
plan may be developed within the Department or through |
purchase of services
by the Department to the extent that it is |
within its statutory authority
to do.
|
(i) Service programs shall be available throughout the |
State and shall
include but not be limited to the following |
services:
|
|
(1) case management;
|
(2) homemakers;
|
(3) counseling;
|
(4) parent education;
|
(5) day care; and
|
(6) emergency assistance and advocacy.
|
In addition, the following services may be made available |
to assess and
meet the needs of children and families:
|
(1) comprehensive family-based services;
|
(2) assessments;
|
(3) respite care; and
|
(4) in-home health services.
|
The Department shall provide transportation for any of the |
services it
makes available to children or families or for |
which it refers children
or families.
|
(j) The Department may provide categories of financial |
assistance and
education assistance grants, and shall
|
establish rules and regulations concerning the assistance and |
grants, to
persons who
adopt children with physical or mental |
disabilities, children who are older, or other hard-to-place
|
children who (i) immediately prior to their adoption were |
youth in care or (ii) were determined eligible for financial |
assistance with respect to a
prior adoption and who become |
available for adoption because the
prior adoption has been |
dissolved and the parental rights of the adoptive
parents have |
been
terminated or because the child's adoptive parents have |
|
died.
The Department may continue to provide financial |
assistance and education assistance grants for a child who was |
determined eligible for financial assistance under this |
subsection (j) in the interim period beginning when the |
child's adoptive parents died and ending with the finalization |
of the new adoption of the child by another adoptive parent or |
parents. The Department may also provide categories of |
financial
assistance and education assistance grants, and
|
shall establish rules and regulations for the assistance and |
grants, to persons
appointed guardian of the person under |
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, |
4-25, or 5-740 of the Juvenile Court Act of 1987
for children |
who were youth in care for 12 months immediately
prior to the |
appointment of the guardian.
|
The amount of assistance may vary, depending upon the |
needs of the child
and the adoptive parents,
as set forth in |
the annual
assistance agreement. Special purpose grants are |
allowed where the child
requires special service but such |
costs may not exceed the amounts
which similar services would |
cost the Department if it were to provide or
secure them as |
guardian of the child.
|
Any financial assistance provided under this subsection is
|
inalienable by assignment, sale, execution, attachment, |
garnishment, or any
other remedy for recovery or collection of |
a judgment or debt.
|
(j-5) The Department shall not deny or delay the placement |
|
of a child for
adoption
if an approved family is available |
either outside of the Department region
handling the case,
or |
outside of the State of Illinois.
|
(k) The Department shall accept for care and training any |
child who has
been adjudicated neglected or abused, or |
dependent committed to it pursuant
to the Juvenile Court Act |
or the Juvenile Court Act of 1987.
|
(l) The Department shall
offer family preservation |
services, as defined in Section 8.2 of the Abused
and
|
Neglected Child
Reporting Act, to help families, including |
adoptive and extended families.
Family preservation
services |
shall be offered (i) to prevent the
placement
of children in
|
substitute care when the children can be cared for at home or |
in the custody of
the person
responsible for the children's |
welfare,
(ii) to
reunite children with their families, or |
(iii) to
maintain an adoptive placement. Family preservation |
services shall only be
offered when doing so will not endanger |
the children's health or safety. With
respect to children who |
are in substitute care pursuant to the Juvenile Court
Act of |
1987, family preservation services shall not be offered if a |
goal other
than those of subdivisions (A), (B), or (B-1) of |
subsection (2) of Section 2-28
of
that Act has been set, except |
that reunification services may be offered as provided in |
paragraph (F) of subsection (2) of Section 2-28 of that Act.
|
Nothing in this paragraph shall be construed to create a |
private right of
action or claim on the part of any individual |
|
or child welfare agency, except that when a child is the |
subject of an action under Article II of the Juvenile Court Act |
of 1987 and the child's service plan calls for services to |
facilitate achievement of the permanency goal, the court |
hearing the action under Article II of the Juvenile Court Act |
of 1987 may order the Department to provide the services set |
out in the plan, if those services are not provided with |
reasonable promptness and if those services are available.
|
The Department shall notify the child and his family of |
the
Department's
responsibility to offer and provide family |
preservation services as
identified in the service plan. The |
child and his family shall be eligible
for services as soon as |
the report is determined to be "indicated". The
Department may |
offer services to any child or family with respect to whom a
|
report of suspected child abuse or neglect has been filed, |
prior to
concluding its investigation under Section 7.12 of |
the Abused and Neglected
Child Reporting Act. However, the |
child's or family's willingness to
accept services shall not |
be considered in the investigation. The
Department may also |
provide services to any child or family who is the
subject of |
any report of suspected child abuse or neglect or may refer |
such
child or family to services available from other agencies |
in the community,
even if the report is determined to be |
unfounded, if the conditions in the
child's or family's home |
are reasonably likely to subject the child or
family to future |
reports of suspected child abuse or neglect. Acceptance
of |
|
such services shall be voluntary. The Department may also |
provide services to any child or family after completion of a |
family assessment, as an alternative to an investigation, as |
provided under the "differential response program" provided |
for in subsection (a-5) of Section 7.4 of the Abused and |
Neglected Child Reporting Act.
|
The Department may, at its discretion except for those |
children also
adjudicated neglected or dependent, accept for |
care and training any child
who has been adjudicated addicted, |
as a truant minor in need of
supervision or as a minor |
requiring authoritative intervention, under the
Juvenile Court |
Act or the Juvenile Court Act of 1987, but no such child
shall |
be committed to the Department by any court without the |
approval of
the Department. On and after January 1, 2015 (the |
effective date of Public Act 98-803) and before January 1, |
2017, a minor charged with a criminal offense under the |
Criminal
Code of 1961 or the Criminal Code of 2012 or |
adjudicated delinquent shall not be placed in the custody of |
or
committed to the Department by any court, except (i) a minor |
less than 16 years
of age committed to the Department under |
Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor |
for whom an independent basis of abuse, neglect, or dependency |
exists, which must be defined by departmental rule, or (iii) a |
minor for whom the court has granted a supplemental petition |
to reinstate wardship pursuant to subsection (2) of Section |
2-33 of the Juvenile Court Act of 1987. On and after January 1, |
|
2017, a minor charged with a criminal offense under the |
Criminal
Code of 1961 or the Criminal Code of 2012 or |
adjudicated delinquent shall not be placed in the custody of |
or
committed to the Department by any court, except (i) a minor |
less than 15 years
of age committed to the Department under |
Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor |
for whom an independent basis of abuse, neglect, or dependency |
exists, which must be defined by departmental rule, or (iii) a |
minor for whom the court has granted a supplemental petition |
to reinstate wardship pursuant to subsection (2) of Section |
2-33 of the Juvenile Court Act of 1987. An independent basis |
exists when the allegations or adjudication of abuse, neglect, |
or dependency do not arise from the same facts, incident, or |
circumstances which give rise to a charge or adjudication of |
delinquency. The Department shall
assign a caseworker to |
attend any hearing involving a youth in
the care and custody of |
the Department who is placed on aftercare release, including |
hearings
involving sanctions for violation of aftercare |
release
conditions and aftercare release revocation hearings.
|
As soon as is possible after August 7, 2009 (the effective |
date of Public Act 96-134), the Department shall develop and |
implement a special program of family preservation services to |
support intact, foster, and adoptive families who are |
experiencing extreme hardships due to the difficulty and |
stress of caring for a child who has been diagnosed with a |
pervasive developmental disorder if the Department determines |
|
that those services are necessary to ensure the health and |
safety of the child. The Department may offer services to any |
family whether or not a report has been filed under the Abused |
and Neglected Child Reporting Act. The Department may refer |
the child or family to services available from other agencies |
in the community if the conditions in the child's or family's |
home are reasonably likely to subject the child or family to |
future reports of suspected child abuse or neglect. Acceptance |
of these services shall be voluntary. The Department shall |
develop and implement a public information campaign to alert |
health and social service providers and the general public |
about these special family preservation services. The nature |
and scope of the services offered and the number of families |
served under the special program implemented under this |
paragraph shall be determined by the level of funding that the |
Department annually allocates for this purpose. The term |
"pervasive developmental disorder" under this paragraph means |
a neurological condition, including, but not limited to, |
Asperger's Syndrome and autism, as defined in the most recent |
edition of the Diagnostic and Statistical Manual of Mental |
Disorders of the American Psychiatric Association. |
(l-1) The legislature recognizes that the best interests |
of the child
require that
the child be placed in the most |
permanent living arrangement as soon as is
practically
|
possible. To achieve this goal, the legislature directs the |
Department of
Children and
Family Services to conduct |
|
concurrent planning so that permanency may occur at
the
|
earliest opportunity. Permanent living arrangements may |
include prevention of
placement of a child outside the home of |
the family when the child can be cared
for at
home without |
endangering the child's health or safety; reunification with |
the
family,
when safe and appropriate, if temporary placement |
is necessary; or movement of
the child
toward the most |
permanent living arrangement and permanent legal status.
|
When determining reasonable efforts to be made with |
respect to a child, as
described in this
subsection, and in |
making such reasonable efforts, the child's health and
safety |
shall be the
paramount concern.
|
When a child is placed in foster care, the Department |
shall ensure and
document that reasonable efforts were made to |
prevent or eliminate the need to
remove the child from the |
child's home. The Department must make
reasonable efforts to |
reunify the family when temporary placement of the child
|
occurs
unless otherwise required, pursuant to the Juvenile |
Court Act of 1987.
At any time after the dispositional hearing |
where the Department believes
that further reunification |
services would be ineffective, it may request a
finding from |
the court that reasonable efforts are no longer appropriate. |
The
Department is not required to provide further |
reunification services after such
a
finding.
|
A decision to place a child in substitute care shall be |
made with
considerations of the child's health, safety, and |
|
best interests. At the
time of placement, consideration should |
also be given so that if reunification
fails or is delayed, the |
placement made is the best available placement to
provide |
permanency for the child.
|
The Department shall adopt rules addressing concurrent |
planning for
reunification and permanency. The Department |
shall consider the following
factors when determining |
appropriateness of concurrent planning:
|
(1) the likelihood of prompt reunification;
|
(2) the past history of the family;
|
(3) the barriers to reunification being addressed by |
the family;
|
(4) the level of cooperation of the family;
|
(5) the foster parents' willingness to work with the |
family to reunite;
|
(6) the willingness and ability of the foster family |
to provide an
adoptive
home or long-term placement;
|
(7) the age of the child;
|
(8) placement of siblings.
|
(m) The Department may assume temporary custody of any |
child if:
|
(1) it has received a written consent to such |
temporary custody
signed by the parents of the child or by |
the parent having custody of the
child if the parents are |
not living together or by the guardian or
custodian of the |
child if the child is not in the custody of either
parent, |
|
or
|
(2) the child is found in the State and neither a |
parent,
guardian nor custodian of the child can be |
located.
|
If the child is found in his or her residence without a parent, |
guardian,
custodian, or responsible caretaker, the Department |
may, instead of removing
the child and assuming temporary |
custody, place an authorized
representative of the Department |
in that residence until such time as a
parent, guardian, or |
custodian enters the home and expresses a willingness
and |
apparent ability to ensure the child's health and safety and |
resume
permanent
charge of the child, or until a
relative |
enters the home and is willing and able to ensure the child's |
health
and
safety and assume charge of the
child until a |
parent, guardian, or custodian enters the home and expresses
|
such willingness and ability to ensure the child's safety and |
resume
permanent charge. After a caretaker has remained in the |
home for a period not
to exceed 12 hours, the Department must |
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or |
5-415 of the Juvenile Court Act
of 1987.
|
The Department shall have the authority, responsibilities |
and duties that
a legal custodian of the child would have |
pursuant to subsection (9) of
Section 1-3 of the Juvenile |
Court Act of 1987. Whenever a child is taken
into temporary |
custody pursuant to an investigation under the Abused and
|
Neglected Child Reporting Act, or pursuant to a referral and |
|
acceptance
under the Juvenile Court Act of 1987 of a minor in |
limited custody, the
Department, during the period of |
temporary custody and before the child
is brought before a |
judicial officer as required by Section 2-9, 3-11,
4-8, or |
5-415 of the Juvenile Court Act of 1987, shall have
the |
authority, responsibilities and duties that a legal custodian |
of the child
would have under subsection (9) of Section 1-3 of |
the Juvenile Court Act of
1987.
|
The Department shall ensure that any child taken into |
custody
is scheduled for an appointment for a medical |
examination.
|
A parent, guardian, or custodian of a child in the |
temporary custody of the
Department who would have custody of |
the child if he were not in the
temporary custody of the |
Department may deliver to the Department a signed
request that |
the Department surrender the temporary custody of the child.
|
The Department may retain temporary custody of the child for |
10 days after
the receipt of the request, during which period |
the Department may cause to
be filed a petition pursuant to the |
Juvenile Court Act of 1987. If a
petition is so filed, the |
Department shall retain temporary custody of the
child until |
the court orders otherwise. If a petition is not filed within
|
the 10-day period, the child shall be surrendered to the |
custody of the
requesting parent, guardian, or custodian not |
later than the expiration of
the 10-day period, at which time |
the authority and duties of the Department
with respect to the |
|
temporary custody of the child shall terminate.
|
(m-1) The Department may place children under 18 years of |
age in a secure
child care facility licensed by the Department |
that cares for children who are
in need of secure living |
arrangements for their health, safety, and well-being
after a |
determination is made by the facility director and the |
Director or the
Director's designate prior to admission to the |
facility subject to Section
2-27.1 of the Juvenile Court Act |
of 1987. This subsection (m-1) does not apply
to a child who is |
subject to placement in a correctional facility operated
|
pursuant to Section 3-15-2 of the Unified Code of Corrections, |
unless the
child is a youth in care who was placed in the care |
of the Department before being
subject to placement in a |
correctional facility and a court of competent
jurisdiction |
has ordered placement of the child in a secure care facility.
|
(n) The Department may place children under 18 years of |
age in
licensed child care facilities when in the opinion of |
the Department,
appropriate services aimed at family |
preservation have been unsuccessful and
cannot ensure the |
child's health and safety or are unavailable and such
|
placement would be for their best interest. Payment
for board, |
clothing, care, training and supervision of any child placed |
in
a licensed child care facility may be made by the |
Department, by the
parents or guardians of the estates of |
those children, or by both the
Department and the parents or |
guardians, except that no payments shall be
made by the |
|
Department for any child placed in a licensed child care
|
facility for board, clothing, care, training and supervision |
of such a
child that exceed the average per capita cost of |
maintaining and of caring
for a child in institutions for |
dependent or neglected children operated by
the Department. |
However, such restriction on payments does not apply in
cases |
where children require specialized care and treatment for |
problems of
severe emotional disturbance, physical disability, |
social adjustment, or
any combination thereof and suitable |
facilities for the placement of such
children are not |
available at payment rates within the limitations set
forth in |
this Section. All reimbursements for services delivered shall |
be
absolutely inalienable by assignment, sale, attachment, or |
garnishment or
otherwise.
|
(n-1) The Department shall provide or authorize child |
welfare services, aimed at assisting minors to achieve |
sustainable self-sufficiency as independent adults, for any |
minor eligible for the reinstatement of wardship pursuant to |
subsection (2) of Section 2-33 of the Juvenile Court Act of |
1987, whether or not such reinstatement is sought or allowed, |
provided that the minor consents to such services and has not |
yet attained the age of 21. The Department shall have |
responsibility for the development and delivery of services |
under this Section. An eligible youth may access services |
under this Section through the Department of Children and |
Family Services or by referral from the Department of Human |
|
Services. Youth participating in services under this Section |
shall cooperate with the assigned case manager in developing |
an agreement identifying the services to be provided and how |
the youth will increase skills to achieve self-sufficiency. A |
homeless shelter is not considered appropriate housing for any |
youth receiving child welfare services under this Section. The |
Department shall continue child welfare services under this |
Section to any eligible minor until the minor becomes 21 years |
of age, no longer consents to participate, or achieves |
self-sufficiency as identified in the minor's service plan. |
The Department of Children and Family Services shall create |
clear, readable notice of the rights of former foster youth to |
child welfare services under this Section and how such |
services may be obtained. The Department of Children and |
Family Services and the Department of Human Services shall |
disseminate this information statewide. The Department shall |
adopt regulations describing services intended to assist |
minors in achieving sustainable self-sufficiency as |
independent adults. |
(o) The Department shall establish an administrative |
review and appeal
process for children and families who |
request or receive child welfare
services from the Department. |
Youth in care who are placed by private child welfare |
agencies, and foster families with whom
those youth are |
placed, shall be afforded the same procedural and appeal
|
rights as children and families in the case of placement by the |
|
Department,
including the right to an initial review of a |
private agency decision by
that agency. The Department shall |
ensure that any private child welfare
agency, which accepts |
youth in care for placement, affords those
rights to children |
and foster families. The Department shall accept for
|
administrative review and an appeal hearing a complaint made |
by (i) a child
or foster family concerning a decision |
following an initial review by a
private child welfare agency |
or (ii) a prospective adoptive parent who alleges
a violation |
of subsection (j-5) of this Section. An appeal of a decision
|
concerning a change in the placement of a child shall be |
conducted in an
expedited manner. A court determination that a |
current foster home placement is necessary and appropriate |
under Section 2-28 of the Juvenile Court Act of 1987 does not |
constitute a judicial determination on the merits of an |
administrative appeal, filed by a former foster parent, |
involving a change of placement decision.
|
(p) (Blank).
|
(q) The Department may receive and use, in their entirety, |
for the
benefit of children any gift, donation, or bequest of |
money or other
property which is received on behalf of such |
children, or any financial
benefits to which such children are |
or may become entitled while under
the jurisdiction or care of |
the Department, except that the benefits described in Section |
5.46 must be used and conserved consistent with the provisions |
under Section 5.46.
|
|
The Department shall set up and administer no-cost, |
interest-bearing accounts in appropriate financial |
institutions
for children for whom the Department is legally |
responsible and who have been
determined eligible for |
Veterans' Benefits, Social Security benefits,
assistance |
allotments from the armed forces, court ordered payments, |
parental
voluntary payments, Supplemental Security Income, |
Railroad Retirement
payments, Black Lung benefits, or other |
miscellaneous payments. Interest
earned by each account shall |
be credited to the account, unless
disbursed in accordance |
with this subsection.
|
In disbursing funds from children's accounts, the |
Department
shall:
|
(1) Establish standards in accordance with State and |
federal laws for
disbursing money from children's |
accounts. In all
circumstances,
the Department's |
"Guardianship Administrator" or his or her designee must
|
approve disbursements from children's accounts. The |
Department
shall be responsible for keeping complete |
records of all disbursements for each account for any |
purpose.
|
(2) Calculate on a monthly basis the amounts paid from |
State funds for the
child's board and care, medical care |
not covered under Medicaid, and social
services; and |
utilize funds from the child's account, as
covered by |
regulation, to reimburse those costs. Monthly, |
|
disbursements from
all children's accounts, up to 1/12 of |
$13,000,000, shall be
deposited by the Department into the |
General Revenue Fund and the balance over
1/12 of |
$13,000,000 into the DCFS Children's Services Fund.
|
(3) Maintain any balance remaining after reimbursing |
for the child's costs
of care, as specified in item (2). |
The balance shall accumulate in accordance
with relevant |
State and federal laws and shall be disbursed to the child |
or his
or her guardian, or to the issuing agency.
|
(r) The Department shall promulgate regulations |
encouraging all adoption
agencies to voluntarily forward to |
the Department or its agent names and
addresses of all persons |
who have applied for and have been approved for
adoption of a |
hard-to-place child or child with a disability and the names |
of such
children who have not been placed for adoption. A list |
of such names and
addresses shall be maintained by the |
Department or its agent, and coded
lists which maintain the |
confidentiality of the person seeking to adopt the
child and |
of the child shall be made available, without charge, to every
|
adoption agency in the State to assist the agencies in placing |
such
children for adoption. The Department may delegate to an |
agent its duty to
maintain and make available such lists. The |
Department shall ensure that
such agent maintains the |
confidentiality of the person seeking to adopt the
child and |
of the child.
|
(s) The Department of Children and Family Services may |
|
establish and
implement a program to reimburse Department and |
private child welfare
agency foster parents licensed by the |
Department of Children and Family
Services for damages |
sustained by the foster parents as a result of the
malicious or |
negligent acts of foster children, as well as providing third
|
party coverage for such foster parents with regard to actions |
of foster
children to other individuals. Such coverage will be |
secondary to the
foster parent liability insurance policy, if |
applicable. The program shall
be funded through appropriations |
from the General Revenue Fund,
specifically designated for |
such purposes.
|
(t) The Department shall perform home studies and |
investigations and
shall exercise supervision over visitation |
as ordered by a court pursuant
to the Illinois Marriage and |
Dissolution of Marriage Act or the Adoption
Act only if:
|
(1) an order entered by an Illinois court specifically
|
directs the Department to perform such services; and
|
(2) the court has ordered one or both of the parties to
|
the proceeding to reimburse the Department for its |
reasonable costs for
providing such services in accordance |
with Department rules, or has
determined that neither |
party is financially able to pay.
|
The Department shall provide written notification to the |
court of the
specific arrangements for supervised visitation |
and projected monthly costs
within 60 days of the court order. |
The Department shall send to the court
information related to |
|
the costs incurred except in cases where the court
has |
determined the parties are financially unable to pay. The |
court may
order additional periodic reports as appropriate.
|
(u) In addition to other information that must be |
provided, whenever the Department places a child with a |
prospective adoptive parent or parents, in a licensed foster |
home,
group home, or child care institution, or in a relative |
home, the Department
shall provide to the prospective adoptive |
parent or parents or other caretaker:
|
(1) available detailed information concerning the |
child's educational
and health history, copies of |
immunization records (including insurance
and medical card |
information), a history of the child's previous |
placements,
if any, and reasons for placement changes |
excluding any information that
identifies or reveals the |
location of any previous caretaker;
|
(2) a copy of the child's portion of the client |
service plan, including
any visitation arrangement, and |
all amendments or revisions to it as
related to the child; |
and
|
(3) information containing details of the child's |
individualized
educational plan when the child is |
receiving special education services.
|
The caretaker shall be informed of any known social or |
behavioral
information (including, but not limited to, |
criminal background, fire
setting, perpetuation of
sexual |
|
abuse, destructive behavior, and substance abuse) necessary to |
care
for and safeguard the children to be placed or currently |
in the home. The Department may prepare a written summary of |
the information required by this paragraph, which may be |
provided to the foster or prospective adoptive parent in |
advance of a placement. The foster or prospective adoptive |
parent may review the supporting documents in the child's file |
in the presence of casework staff. In the case of an emergency |
placement, casework staff shall at least provide known |
information verbally, if necessary, and must subsequently |
provide the information in writing as required by this |
subsection.
|
The information described in this subsection shall be |
provided in writing. In the case of emergency placements when |
time does not allow prior review, preparation, and collection |
of written information, the Department shall provide such |
information as it becomes available. Within 10 business days |
after placement, the Department shall obtain from the |
prospective adoptive parent or parents or other caretaker a |
signed verification of receipt of the information provided. |
Within 10 business days after placement, the Department shall |
provide to the child's guardian ad litem a copy of the |
information provided to the prospective adoptive parent or |
parents or other caretaker. The information provided to the |
prospective adoptive parent or parents or other caretaker |
shall be reviewed and approved regarding accuracy at the |
|
supervisory level.
|
(u-5) Effective July 1, 1995, only foster care placements |
licensed as
foster family homes pursuant to the Child Care Act |
of 1969 shall be eligible to
receive foster care payments from |
the Department.
Relative caregivers who, as of July 1, 1995, |
were approved pursuant to approved
relative placement rules |
previously promulgated by the Department at 89 Ill.
Adm. Code |
335 and had submitted an application for licensure as a foster |
family
home may continue to receive foster care payments only |
until the Department
determines that they may be licensed as a |
foster family home or that their
application for licensure is |
denied or until September 30, 1995, whichever
occurs first.
|
(v) The Department shall access criminal history record |
information
as defined in the Illinois Uniform Conviction |
Information Act and information
maintained in the adjudicatory |
and dispositional record system as defined in
Section 2605-355 |
of the
Illinois State Police Law
if the Department determines |
the information is necessary to perform its duties
under the |
Abused and Neglected Child Reporting Act, the Child Care Act |
of 1969,
and the Children and Family Services Act. The |
Department shall provide for
interactive computerized |
communication and processing equipment that permits
direct |
on-line communication with the Illinois State Police's central
|
criminal history data repository. The Department shall comply |
with all
certification requirements and provide certified |
operators who have been
trained by personnel from the Illinois |
|
State Police. In addition, one
Office of the Inspector General |
investigator shall have training in the use of
the criminal |
history information access system and have
access to the |
terminal. The Department of Children and Family Services and |
its
employees shall abide by rules and regulations established |
by the Illinois State Police relating to the access and |
dissemination of
this information.
|
(v-1) Prior to final approval for placement of a child, |
the Department shall conduct a criminal records background |
check of the prospective foster or adoptive parent, including |
fingerprint-based checks of national crime information |
databases. Final approval for placement shall not be granted |
if the record check reveals a felony conviction for child |
abuse or neglect, for spousal abuse, for a crime against |
children, 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. |
(v-2) Prior to final approval for placement of a child, |
the Department shall check its child abuse and neglect |
registry for information concerning prospective foster and |
adoptive parents, and any adult living in the home. If any |
prospective foster or adoptive parent or other adult living in |
the home has resided in another state in the preceding 5 years, |
the Department shall request a check of that other state's |
|
child abuse and neglect registry.
|
(w) Within 120 days of August 20, 1995 (the effective date |
of Public Act
89-392), the Department shall prepare and submit |
to the Governor and the
General Assembly, a written plan for |
the development of in-state licensed
secure child care |
facilities that care for children who are in need of secure
|
living
arrangements for their health, safety, and well-being. |
For purposes of this
subsection, secure care facility shall |
mean a facility that is designed and
operated to ensure that |
all entrances and exits from the facility, a building
or a |
distinct part of the building, are under the exclusive control |
of the
staff of the facility, whether or not the child has the |
freedom of movement
within the perimeter of the facility, |
building, or distinct part of the
building. The plan shall |
include descriptions of the types of facilities that
are |
needed in Illinois; the cost of developing these secure care |
facilities;
the estimated number of placements; the potential |
cost savings resulting from
the movement of children currently |
out-of-state who are projected to be
returned to Illinois; the |
necessary geographic distribution of these
facilities in |
Illinois; and a proposed timetable for development of such
|
facilities. |
(x) The Department shall conduct annual credit history |
checks to determine the financial history of children placed |
under its guardianship pursuant to the Juvenile Court Act of |
1987. The Department shall conduct such credit checks starting |
|
when a youth in care turns 12 years old and each year |
thereafter for the duration of the guardianship as terminated |
pursuant to the Juvenile Court Act of 1987. The Department |
shall determine if financial exploitation of the child's |
personal information has occurred. If financial exploitation |
appears to have taken place or is presently ongoing, the |
Department shall notify the proper law enforcement agency, the |
proper State's Attorney, or the Attorney General. |
(y) Beginning on July 22, 2010 (the effective date of |
Public Act 96-1189), a child with a disability who receives |
residential and educational services from the Department shall |
be eligible to receive transition services in accordance with |
Article 14 of the School Code from the age of 14.5 through age |
21, inclusive, notwithstanding the child's residential |
services arrangement. For purposes of this subsection, "child |
with a disability" means a child with a disability as defined |
by the federal Individuals with Disabilities Education |
Improvement Act of 2004. |
(z) The Department shall access criminal history record |
information as defined as "background information" in this |
subsection and criminal history record information as defined |
in the Illinois Uniform Conviction Information Act for each |
Department employee or Department applicant. Each Department |
employee or Department applicant shall submit his or her |
fingerprints to the Illinois State Police in the form and |
manner prescribed by the Illinois State Police. These |
|
fingerprints shall be checked against the fingerprint records |
now and hereafter filed in the Illinois State Police and the |
Federal Bureau of Investigation criminal history records |
databases. The Illinois State Police shall charge a fee for |
conducting the criminal history record check, which shall be |
deposited into the State Police Services Fund and shall not |
exceed the actual cost of the record check. The Illinois State |
Police shall furnish, pursuant to positive identification, all |
Illinois conviction information to the Department of Children |
and Family Services. |
For purposes of this subsection: |
"Background information" means all of the following: |
(i) Upon the request of the Department of Children and |
Family Services, conviction information obtained from the |
Illinois State Police as a result of a fingerprint-based |
criminal history records check of the Illinois criminal |
history records database and the Federal Bureau of |
Investigation criminal history records database concerning |
a Department employee or Department applicant. |
(ii) Information obtained by the Department of |
Children and Family Services after performing a check of |
the Illinois State Police's Sex Offender Database, as |
authorized by Section 120 of the Sex Offender Community |
Notification Law, concerning a Department employee or |
Department applicant. |
(iii) Information obtained by the Department of |
|
Children and Family Services after performing a check of |
the Child Abuse and Neglect Tracking System (CANTS) |
operated and maintained by the Department. |
"Department employee" means a full-time or temporary |
employee coded or certified within the State of Illinois |
Personnel System. |
"Department applicant" means an individual who has |
conditional Department full-time or part-time work, a |
contractor, an individual used to replace or supplement staff, |
an academic intern, a volunteer in Department offices or on |
Department contracts, a work-study student, an individual or |
entity licensed by the Department, or an unlicensed service |
provider who works as a condition of a contract or an agreement |
and whose work may bring the unlicensed service provider into |
contact with Department clients or client records. |
(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; |
101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. |
8-20-21.)
|
(20 ILCS 505/5.46 new) |
Sec. 5.46. Application for Social Security benefits, |
Supplemental Security Income, Veterans benefits, and Railroad |
Retirement benefits. |
(a) Definitions. As used in this Section: |
"Benefits" means Social Security benefits, Supplemental |
Security Income, Veterans benefits, and Railroad Retirement |
|
benefits. |
"Youth's attorney and guardian ad litem" means the person |
appointed as the youth's attorney or guardian ad litem in |
accordance with the Juvenile Court Act of 1987 in the |
proceeding in which the Department is appointed as the youth's |
guardian or custodian. |
(b) Application for benefits. |
(1) Upon receiving temporary custody or guardianship |
of a youth in care, the Department shall assess the youth |
to determine whether the youth may be eligible for |
benefits. If, after the assessment, the Department |
determines that the youth may be eligible for benefits, |
the Department shall ensure that an application is filed |
on behalf of the youth. The Department shall prescribe by |
rule how it will review cases of youth in care at regular |
intervals to determine whether the youth may have become |
eligible for benefits after the initial assessment. The |
Department shall make reasonable efforts to encourage |
youth in care over the age of 18 who are likely eligible |
for benefits to cooperate with the application process and |
to assist youth with the application process. |
(2) When applying for benefits under this Section for |
a youth in care the Department shall identify a |
representative payee in accordance with the requirements |
of 20 CFR 404.2021 and 416.621. If the Department is |
seeking to be appointed as the youth's representative |
|
payee, the Department must consider input, if provided, |
from the youth's attorney and guardian ad litem regarding |
whether another representative payee, consistent with the |
requirements of 20 CFR 404.2021 and 416.621, is available. |
If the Department serves as the representative payee for a |
youth over the age of 18, the Department shall request a |
court order, as described in subparagraph (C) of paragraph |
(1) of subsection (d) and in subparagraph (C) of paragraph |
(2) of subsection (d). |
(c) Notifications. The Department shall immediately notify |
a youth over the age of 16, the youth's attorney and guardian |
ad litem, and the youth's parent or legal guardian or another |
responsible adult of: |
(1) any application for or any application to become |
representative payee for benefits on behalf of a youth in |
care; |
(2) any communications from the Social Security |
Administration, the U.S. Department of Veterans Affairs, |
or the Railroad Retirement Board pertaining to the |
acceptance or denial of benefits or the selection of a |
representative payee; and |
(3) any appeal or other action requested by the |
Department regarding an application for benefits. |
(d) Use of benefits. Consistent with federal law, when the |
Department serves as the representative payee for a youth |
receiving benefits and receives benefits on the youth's |
|
behalf, the Department shall: |
(1) Beginning January 1, 2023, ensure that when the |
youth attains the age of 14 years and until the Department |
no longer serves as the representative payee, a minimum |
percentage of the youth's Supplemental Security Income |
benefits are conserved in accordance with paragraph (4) as |
follows: |
(A) From the age of 14 through age 15, at least |
40%. |
(B) From the age of 16 through age 17, at least |
80%. |
(C) From the age of 18 through 20, 100%, when a |
court order has been entered expressly allowing the |
Department to have the authority to establish and |
serve as an authorized agent of the youth over the age |
of 18 with respect to an account established in |
accordance with paragraph (4). |
(2) Beginning January 1, 2024, ensure that when the |
youth attains the age of 14 years and until the Department |
no longer serves as the representative payee a minimum |
percentage of the youth's Social Security benefits, |
Veterans benefits, or Railroad Retirement benefits are |
conserved in accordance with paragraph (4) as follows: |
(A) From the age of 14 through age 15, at least |
40%. |
(B) From the age of 16 through age 17, at least |
|
80%. |
(C) From the age of 18 through 20, 100%, when a |
court order has been entered expressly allowing the |
Department to have the authority to establish and |
serve as an authorized agent of the youth over the age |
of 18 with respect to an account established in |
accordance with paragraph (4). |
(3) Exercise discretion in accordance with federal law |
and in the best interests of the youth when making |
decisions to use or conserve the youth's benefits that are |
less than or not subject to asset or resource limits under |
federal law, including using the benefits to address the |
youth's special needs and conserving the benefits for the |
youth's reasonably foreseeable future needs. |
(4) Appropriately monitor any federal asset or |
resource limits for the benefits and ensure that the |
youth's best interest is served by using or conserving the |
benefits in a way that avoids violating any federal asset |
or resource limits that would affect the youth's |
eligibility to receive the benefits, including: |
(A) applying to the Social Security Administration |
to establish a Plan to Achieve Self-Support (PASS) |
Account for the youth under the Social Security Act |
and determining whether it is in the best interest of |
the youth to conserve all or parts of the benefits in |
the PASS account; |
|
(B) establishing a 529 plan for the youth and |
conserving the youth's benefits in that account in a |
manner that appropriately avoids any federal asset or |
resource limits; |
(C) establishing an Individual Development Account |
for the youth and conserving the youth's benefits in |
that account in a manner that appropriately avoids any |
federal asset or resource limits; |
(D) establishing an ABLE account authorized by |
Section 529A of the Internal Revenue Code of 1986, for |
the youth and conserving the youth's benefits in that |
account in a manner that appropriately avoids any |
federal asset or resource limits; |
(E) establishing a Social Security Plan to Achieve |
Self-Support account for the youth and conserving the |
youth's benefits in a manner that appropriately avoids |
any federal asset or resource limits; |
(F) establishing a special needs trust for the |
youth and conserving the youth's benefits in the trust |
in a manner that is consistent with federal |
requirements for special needs trusts and that |
appropriately avoids any federal asset or resource |
limits; |
(G) if the Department determines that using the |
benefits for services for current special needs not |
already provided by the Department is in the best |
|
interest of the youth, using the benefits for those |
services; |
(H) if federal law requires certain back payments |
of benefits to be placed in a dedicated account, |
complying with the requirements for dedicated accounts |
under 20 CFR 416.640(e); and |
(I) applying any other exclusions from federal |
asset or resource limits available under federal law |
and using or conserving the youth's benefits in a |
manner that appropriately avoids any federal asset or |
resource limits. |
(e) By July 1, 2024, the Department shall provide a report |
to the General Assembly regarding youth in care who receive |
benefits who are not subject to this Act. The report shall |
discuss a goal of expanding conservation of children's |
benefits to all benefits of all children of any age for whom |
the Department serves as representative payee. The report |
shall include a description of any identified obstacles, steps |
to be taken to address the obstacles, and a description of any |
need for statutory, rule, or procedural changes. |
(f) Accounting. The Department shall provide an annual |
accounting to the youth's attorney and guardian ad litem of |
how the youth's benefits have been used and conserved. In |
addition, within 10 business days of a request from a youth or |
the youth's attorney and guardian ad litem, the Department |
shall provide an accounting to the youth of how the youth's |
|
benefits have been used and conserved. The accounting shall |
include: |
(1) The amount of benefits received on the youth's |
behalf since the most recent accounting and the date the |
benefits were received. |
(2) Information regarding the youth's benefits and |
resources, including the youth's benefits, insurance, cash |
assets, trust accounts, earnings, and other resources. |
(3) An accounting of the disbursement of benefit |
funds, including the date, amount, identification of |
payee, and purpose. |
(4) Information regarding each request by the youth, |
the youth's attorney and guardian ad litem, or the youth's |
caregiver for disbursement of funds and a statement |
regarding the reason for not granting the request if the |
request was denied. |
When the Department's guardianship of the youth is being |
terminated, the Department shall provide (i) a final |
accounting to the Social Security Administration, to the |
youth's attorney and guardian ad litem, and to either the |
person or persons who will assume guardianship of the youth or |
who is in the process of adopting the youth, if the youth is |
under 18, or to the youth, if the youth is over 18 and (ii) |
information to the parent, guardian, or youth regarding how to |
apply to become the representative payee. The Department shall |
adopt rules to ensure that the representative payee |
|
transitions occur in a timely and appropriate manner. |
(g) Financial literacy. The Department shall provide the |
youth with financial literacy training and support, including |
specific information regarding the existence, availability, |
and use of funds conserved for the youth in accordance with |
this subsection, beginning by age 14. The literacy program and |
support services shall be developed in consultation with input |
from the Department's Statewide Youth Advisory Board. |
(h) Adoption of rules. The Department shall adopt rules to |
implement the provisions of this Section by January 1, 2023. |
(i) Reporting. No later than February 28, 2023, the |
Department shall file a report with the General Assembly |
providing the following information for State Fiscal Years |
2019, 2020, 2021, and 2022 and annually beginning February 28, |
2023, for the preceding fiscal year: |
(1) The number of youth entering care. |
(2) The number of youth entering care receiving each |
of the following types of benefits: Social Security |
benefits, Supplemental Security Income, Veterans benefits, |
Railroad Retirement benefits. |
(3) The number of youth entering care for whom the |
Department filed an application for each of the following |
types of benefits: Social Security benefits, Supplemental |
Security Income, Veterans benefits, Railroad Retirement |
benefits. |
(4) The number of youth entering care who were awarded |
|
each of the following types of benefits based on an |
application filed by the Department: Social Security |
benefits, Supplemental Security Income, Veterans benefits, |
Railroad Retirement benefits. |
(j) Annually beginning December 31, 2023, the Department |
shall file a report with the General Assembly with the |
following information regarding the preceding fiscal year: |
(1) the number of conserved accounts established and |
maintained for youth in care; |
(2) the average amount conserved by age group; and |
(3) the total amount conserved by age group.
|
(20 ILCS 505/35.10) |
Sec. 35.10. Documents necessary for adult living. The |
Department shall assist a youth in care in identifying and |
obtaining documents necessary to function as an independent |
adult prior to the closure of the youth's case to terminate |
wardship as provided in Section 2-31 of the Juvenile Court Act |
of 1987. These necessary documents shall include, but not be |
limited to, any of the following: |
(1) State identification card or driver's license. |
(2) Social Security card. |
(3) Medical records, including, but not limited to, |
health passport, dental records, immunization records, |
name and contact information for all current medical, |
dental, and mental health providers, and a signed |
|
certification that the Department provided the youth with |
education on executing a healthcare power of attorney. |
(4) Medicaid card or other health eligibility |
documentation. |
(5) Certified copy of birth certificate. |
(6) Any applicable religious documents. |
(7) Voter registration card. |
(8) Immigration, citizenship, or naturalization |
documentation, if applicable. |
(9) Death certificates of parents, if applicable. |
(10) Life book or compilation of personal history and |
photographs. |
(11) List of known relatives with relationships, |
addresses, telephone numbers, and other contact |
information, with the permission of the involved relative. |
(12) Resume. |
(13) Educational records, including list of schools |
attended, and transcript, high school diploma, or high |
school equivalency certificate. |
(14) List of placements while in care. |
(15) List of community resources with referral |
information, including the Midwest Adoption Center for |
search and reunion services for former youth in care, |
whether or not they were adopted, and the Illinois Chapter |
of Foster Care Alumni of America. |
(16) All documents necessary to complete a Free |
|
Application for Federal Student Aid form, if applicable, |
or an application for State financial aid. |
(17) If applicable, a final accounting of the account |
maintained on behalf of the youth as provided under |
Section 5.46. |
If a court determines that a youth in care no longer requires |
wardship of the court and orders the wardship terminated and |
all proceedings under the Juvenile Court Act of 1987 |
respecting the youth in care finally closed and discharged, |
the Department shall ensure that the youth in care receives a |
copy of the court's order.
|
(Source: P.A. 102-70, eff. 1-1-22.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |