|
workgroup shall do all of the following: |
(1) Conduct a survey of literature and of existing |
treatment program models available in the State and outside |
the State for youth in the Department's care who are |
victims of sex trafficking, taking into account whether the |
programs have been subject to evaluation. |
(2) Evaluate the need for new programs in the State, |
taking into account that youth in the Department's care who |
are victims of sex trafficking can present a variety of |
additional needs, including mental illness, medical needs, |
emotional disturbance, and cognitive delays. |
(3) Review existing State laws and rules that permit |
children to be placed in secured therapeutic residential |
care and recommend (i) whether secured residential care |
should be part of a continuum of care in the State for |
foster youth who have been sexually trafficked and who |
repeatedly run away from treatment facilities, and if so, |
whether any amendments to existing State laws and rules |
should be made; and (ii) the circumstances under which |
youth should be considered for placement in secured |
therapeutic residential care. |
(4) Make recommendations regarding a continuum of care |
for children in the Department's care who are victims of |
sex trafficking. |
(c) Composition of workgroup. The workgroup shall consist |
of a minimum of: |
|
(1) two representatives of the Department, including |
at least one who is familiar with child care facilities |
licensed by the Department under the Child Care Act of 1969 |
that provide residential services; |
(2) one representative of a child advocacy |
organization; |
(3) one licensed clinician with expertise in working |
with youth in the Department's care; |
(4) one licensed clinician with expertise in working |
with youth who are victims of sex trafficking; |
(5) one board-certified child and adolescent |
psychiatrist; |
(6) two persons representing providers of residential |
treatment programs operating in the State; |
(7) two persons representing providers of adolescent |
foster care or specialized foster care programs operating |
in the State; |
(8) one representative of the Department of Children |
and Family Services' Statewide Youth Advisory Board; |
(9) one representative of an agency independent of the |
Department who has experience in providing treatment to |
children and youth who are victims of sex trafficking; and |
(10) one representative of a law enforcement agency |
that works with youth who are victims of sex trafficking. |
(d) Records and information. Upon request, the Department |
shall provide the workgroup with all records and information in |
|
the Department's possession that are relevant to the |
workgroup's review of existing programs and to the workgroup's |
review of the need for new programs for victims of sex |
trafficking. The Department shall redact any confidential |
information from the records and information provided to the |
workgroup to maintain the confidentiality of persons served by |
the Department. |
(e) Workgroup report. The workgroup shall provide a report |
to the General Assembly no later than January 1, 2017 with its |
findings and recommendations. |
(f) Department report. No later than March 1, 2017, the |
Department shall implement the workgroup's recommendations, as |
feasible and appropriate, and shall submit a written report to |
the General Assembly that explains the Department's decision to |
implement or to not implement each of the workgroup's |
recommendations.
|
(20 ILCS 505/5.40 new) |
Sec. 5.40. Multi-dimensional treatment foster care. |
Subject to appropriations, beginning June 1, 2016, the |
Department shall implement a 5-year pilot program of |
multi-dimensional treatment foster care, or a substantially |
similar evidence-based program of professional foster care, |
for (i) children entering care with severe trauma histories, |
with the goal of returning the child home or maintaining the |
child in foster care instead of placing the child in congregate |
|
care or a more restrictive setting or placement, (ii) children |
who require placement in foster care when they are ready for |
discharge from a residential treatment facility, and (iii) |
children who are identified for residential or group home care |
and who, based on a determination made by the Department, could |
be placed in a foster home if higher level interventions are |
provided. |
The Department shall arrange for an independent evaluation |
of the pilot program to determine whether it is meeting the |
goal of maintaining children in the least restrictive, most |
appropriate family-like setting, near the child's home |
community, while they are in the Department's care and to |
determine whether there is a long-term cost benefit to |
continuing the pilot program. |
At the end of the 5-year pilot program, the Department |
shall submit a report to the General Assembly with its findings |
of the evaluation. The report shall state whether the |
Department intends to continue the pilot program and the |
rationale for its decision.
|
Section 10. The Department of Human Services Act is amended |
by adding Section 10-34 as follows:
|
(20 ILCS 1305/10-34 new) |
Sec. 10-34. Public awareness of the national hotline |
number. The Department of Human Services shall cooperate with |
|
the Department of Transportation to promote public awareness |
regarding the national human trafficking hotline. This |
includes, but is not limited to, displaying public awareness |
signs in high risk areas, such as, but not limited to, truck |
stops, bus stations, train stations, airports, and rest stops.
|
Section 15. The Child Care Act of 1969 is amended by adding |
Section 8.5 as follows:
|
(225 ILCS 10/8.5 new) |
Sec. 8.5. Reporting suspected abuse or neglect. The |
Department shall address through rules and procedures the |
failure of individual staff at child care facilities or child |
welfare agencies to report suspected abuse or neglect of |
children within the child care facility as required by the |
Abused and Neglected Child Reporting Act. |
The rules and procedures shall include provisions for when |
the Department learns of the child care facility's staff's |
failure to report suspected abuse or neglect of children and |
the actions the Department will take to (i) ensure that the |
child care facility takes immediate action with the individual |
staff involved and (ii) investigate whether the failure to |
report suspected abuse and neglect was a single incident or |
part of a larger incident involving additional staff members |
who failed to report, or whether the failure to report |
suspected abuse and neglect is a system-wide problem within the |
|
child care facility or child welfare agency. The rules and |
procedures shall also include the use of corrective action |
plans and the use of supervisory teams to review staff and |
facility understanding of their reporting requirements. |
The Department shall adopt rules by July 1, 2016.
|
Section 20. The Abused and Neglected Child Reporting Act is |
amended by changing Sections 3, 7.3, and 7.8 as follows:
|
(325 ILCS 5/3) (from Ch. 23, par. 2053) |
Sec. 3. As used in this Act unless the context otherwise |
requires: |
"Adult resident" means any person between 18 and 22 years |
of age who resides in any facility licensed by the Department |
under the Child Care Act of 1969. For purposes of this Act, the |
criteria set forth in the definitions of "abused child" and |
"neglected child" shall be used in determining whether an adult |
resident is abused or neglected. |
"Agency" means a child care facility licensed under Section |
2.05 or Section 2.06 of the Child Care Act of 1969 and includes |
a transitional living program that accepts children and adult |
residents for placement who are in the guardianship of the |
Department. |
"Blatant disregard" means an incident where the real, |
significant, and imminent risk of harm would be so obvious to a |
reasonable parent or caretaker that it is unlikely that a |
|
reasonable parent or caretaker would have exposed the child to |
the danger without exercising precautionary measures to |
protect the child from harm. With respect to a person working |
at an agency in his or her professional capacity with a child |
or adult resident, "blatant disregard" includes a failure by |
the person to perform job responsibilities intended to protect |
the child's or adult resident's health, physical well-being, or |
welfare, and, when viewed in light of the surrounding |
circumstances, evidence exists that would cause a reasonable |
person to believe that the child was neglected. With respect to |
an agency, "blatant disregard" includes a failure to implement |
practices that ensure the health, physical well-being, or |
welfare of the children and adult residents residing in the |
facility. |
"Child" means any person under the age of 18 years, unless |
legally
emancipated by reason of marriage or entry into a |
branch of the United
States armed services. |
"Department" means Department of Children and Family |
Services. |
"Local law enforcement agency" means the police of a city, |
town,
village or other incorporated area or the sheriff of an |
unincorporated
area or any sworn officer of the Illinois |
Department of State Police. |
"Abused child"
means a child whose parent or immediate |
family
member,
or any person responsible for the child's |
welfare, or any individual
residing in the same home as the |
|
child, or a paramour of the child's parent: |
(a) inflicts, causes to be inflicted, or allows to be
|
inflicted upon
such child physical injury, by other than |
accidental means, which causes
death, disfigurement, |
impairment of physical or
emotional health, or loss or |
impairment of any bodily function; |
(b) creates a substantial risk of physical injury to |
such
child by
other than accidental means which would be |
likely to cause death,
disfigurement, impairment of |
physical or emotional health, or loss or
impairment of any |
bodily function; |
(c) commits or allows to be committed any sex offense |
against
such child,
as such sex offenses are defined in the |
Criminal Code of 2012 or in the Wrongs to Children Act,
and |
extending those definitions of sex offenses to include |
children under
18 years of age; |
(d) commits or allows to be committed an act or acts of
|
torture upon
such child; |
(e) inflicts excessive corporal punishment or, in the |
case of a person working for an agency who is prohibited |
from using corporal punishment, inflicts corporal |
punishment upon a child or adult resident with whom the |
person is working in his or her professional capacity; |
(f) commits or allows to be committed
the offense of
|
female
genital mutilation, as defined in Section 12-34 of |
the Criminal Code of
2012, against the child; |
|
(g) causes to be sold, transferred, distributed, or |
given to
such child
under 18 years of age, a controlled |
substance as defined in Section 102 of the
Illinois |
Controlled Substances Act in violation of Article IV of the |
Illinois
Controlled Substances Act or in violation of the |
Methamphetamine Control and Community Protection Act, |
except for controlled substances that are prescribed
in |
accordance with Article III of the Illinois Controlled |
Substances Act and
are dispensed to such child in a manner |
that substantially complies with the
prescription; or |
(h) commits or allows to be committed the offense of |
involuntary servitude, involuntary sexual servitude of a |
minor, or trafficking in persons as defined in Section 10-9 |
of the Criminal Code of 2012 against the child. |
A child shall not be considered abused for the sole reason |
that the child
has been relinquished in accordance with the |
Abandoned Newborn Infant
Protection Act. |
"Neglected child" means any child who is not receiving the |
proper or
necessary nourishment or medically indicated |
treatment including food or care
not provided solely on the |
basis of the present or anticipated mental or
physical |
impairment as determined by a physician acting alone or in
|
consultation with other physicians or otherwise is not |
receiving the proper or
necessary support or medical or other |
remedial care recognized under State law
as necessary for a |
child's well-being, or other care necessary for his or her
|
|
well-being, including adequate food, clothing and shelter; or |
who is subjected to an environment which is injurious insofar |
as (i) the child's environment creates a likelihood of harm to |
the child's health, physical well-being, or welfare and (ii) |
the likely harm to the child is the result of a blatant |
disregard of parent, or caretaker, or agency responsibilities; |
or who is abandoned
by his or her parents or other person |
responsible for the child's welfare
without a proper plan of |
care; or who has been provided with interim crisis intervention |
services under
Section 3-5 of
the Juvenile Court Act of 1987 |
and whose parent, guardian, or custodian refuses to
permit
the |
child to return home and no other living arrangement agreeable
|
to the parent, guardian, or custodian can be made, and the |
parent, guardian, or custodian has not made any other |
appropriate living arrangement for the child; or who is a |
newborn infant whose blood, urine,
or meconium
contains any |
amount of a controlled substance as defined in subsection (f) |
of
Section 102 of the Illinois Controlled Substances Act or a |
metabolite thereof,
with the exception of a controlled |
substance or metabolite thereof whose
presence in the newborn |
infant is the result of medical treatment administered
to the |
mother or the newborn infant. A child shall not be considered |
neglected
for the sole reason that the child's parent or other |
person responsible for his
or her welfare has left the child in |
the care of an adult relative for any
period of time. A child |
shall not be considered neglected for the sole reason
that the |
|
child has been relinquished in accordance with the Abandoned |
Newborn
Infant Protection Act. A child shall not be considered |
neglected or abused
for the
sole reason that such child's |
parent or other person responsible for his or her
welfare |
depends upon spiritual means through prayer alone for the |
treatment or
cure of disease or remedial care as provided under |
Section 4 of this Act. A
child shall not be considered |
neglected or abused solely because the child is
not attending |
school in accordance with the requirements of Article 26 of The
|
School Code, as amended. |
"Child Protective Service Unit" means certain specialized |
State employees of
the Department assigned by the Director to |
perform the duties and
responsibilities as provided under |
Section 7.2 of this Act. |
"Person responsible for the child's welfare" means the |
child's parent;
guardian; foster parent; relative caregiver; |
any person responsible for the
child's welfare in a public or |
private residential agency or institution; any
person |
responsible for the child's welfare within a public or private |
profit or
not for profit child care facility; or any other |
person responsible for the
child's welfare at the time of the |
alleged abuse or neglect, including any person that is the |
custodian of a child under 18 years of age who commits or |
allows to be committed, against the child, the offense of |
involuntary servitude, involuntary sexual servitude of a |
minor, or trafficking in persons for forced labor or services, |
|
as provided in Section 10-9 of the Criminal Code of 2012, or |
any person who
came to know the child through an official |
capacity or position of trust,
including but not limited to |
health care professionals, educational personnel,
recreational |
supervisors, members of the clergy, and volunteers or
support |
personnel in any setting
where children may be subject to abuse |
or neglect. |
"Temporary protective custody" means custody within a |
hospital or
other medical facility or a place previously |
designated for such custody
by the Department, subject to |
review by the Court, including a licensed
foster home, group |
home, or other institution; but such place shall not
be a jail |
or other place for the detention of criminal or juvenile |
offenders. |
"An unfounded report" means any report made under this Act |
for which
it is determined after an investigation that no |
credible evidence of
abuse or neglect exists. |
"An indicated report" means a report made under this Act if |
an
investigation determines that credible evidence of the |
alleged
abuse or neglect exists. |
"An undetermined report" means any report made under this |
Act in
which it was not possible to initiate or complete an |
investigation on
the basis of information provided to the |
Department. |
"Subject of report" means any child reported to the central |
register
of child abuse and neglect established under Section |
|
7.7 of this Act as an alleged victim of child abuse or neglect |
and
the parent or guardian of the alleged victim or other |
person responsible for the alleged victim's welfare who is |
named in the report or added to the report as an alleged |
perpetrator of child abuse or neglect. |
"Perpetrator" means a person who, as a result of |
investigation, has
been determined by the Department to have |
caused child abuse or neglect. |
"Member of the clergy" means a clergyman or practitioner of |
any religious
denomination accredited by the religious body to |
which he or she belongs. |
(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; |
96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. |
7-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150, |
eff. 1-25-13.)
|
(325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
|
Sec. 7.3. (a) The Department shall be the sole agency |
responsible for receiving
and investigating reports of child |
abuse or neglect made under this Act,
including reports of |
adult resident abuse or neglect as defined in this Act, except |
where investigations by other agencies may be required with
|
respect to reports alleging the death of a child, serious |
injury to a child
or sexual abuse to a child made pursuant to |
Sections 4.1 or 7 of this Act,
and except that the Department |
may delegate the performance of the
investigation to the |
|
Department of State Police, a law enforcement agency
and to |
those private social service agencies which have been |
designated for
this purpose by the Department prior to July 1, |
1980.
|
(b) Notwithstanding any other provision of this Act, the |
Department shall adopt rules expressly allowing law |
enforcement personnel to investigate reports of suspected |
child abuse or neglect concurrently with the Department, |
without regard to whether the Department determines a report to |
be "indicated" or "unfounded" or deems a report to be |
"undetermined".
|
(c) By June 1, 2016, the Department shall adopt rules that |
address and set forth criteria and standards relevant to |
investigations of reports of abuse or neglect committed by any |
agency, as defined in Section 3 of this Act, or person working |
for an agency responsible for the welfare of a child or adult |
resident. |
(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)
|
(325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
|
Sec. 7.8.
Upon receiving an oral or written report of |
suspected
child abuse or neglect, the Department shall |
immediately notify, either
orally or electronically, the Child |
Protective Service Unit of a previous
report concerning a |
subject of the present report or other pertinent
information. |
In addition, upon satisfactory identification procedures, to
|
|
be established by Department regulation, any person authorized |
to have
access to records under Section 11.1 relating to child |
abuse and neglect
may request and shall be immediately provided |
the information requested in
accordance with this Act. However, |
no information shall be released unless
it prominently states |
the report is "indicated", and only information from
|
"indicated" reports shall be released, except that information |
concerning
pending reports may be released pursuant to Sections |
7.14 and 7.22 of this Act to the attorney or guardian ad litem |
appointed under Section 2-17 of the Juvenile Court Act of 1987 |
and to any person authorized under
paragraphs (1), (2), (3) and |
(11) of Section 11.1. In addition, State's
Attorneys are |
authorized to receive unfounded reports for prosecution
|
purposes related to the transmission of false reports of child |
abuse or
neglect in violation of subsection (a), paragraph (7) |
of Section 26-1
of the Criminal Code of 2012 and attorneys and |
guardians ad litem appointed under
Article II of the Juvenile |
Court Act of 1987 shall receive the
reports set forth in |
Section 7.14 of this Act in conformance with paragraph
(19) of |
Section 11.1 and Section 7.14 of this Act. The Department is |
authorized and required to release information from unfounded |
reports, upon request by a person who has access to the |
unfounded report as provided in this Act, as necessary in its |
determination to protect children and adult residents who are |
in child care facilities licensed by the Department under the |
Child Care Act of 1969. The names and other
identifying data |
|
and the dates and the circumstances of any persons
requesting |
or receiving information from the central register shall be
|
entered in the register record.
|
(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14; |
revised 11-25-14.)
|
Section 99. Effective date. This Act takes effect on |
January 1,
2016, except that Section 20 takes effect on June 1, |
2016. |