HB4966 104TH GENERAL ASSEMBLY

LRB104 20048 KTG 33499 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4966

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

See Index

Provides that the Act may be referred to as the Safeguards to Ensure Continuity and Uphold Rights and Equity (SECURE) Act. Sets forth several legislative findings, including that (i) Illinois retains a non-delegable duty to safeguard the safety, health, dignity, and well-being of all youth in the care or custody of the Department of Children and Family Services, and (ii) the Department must respect and meaningfully consider a youth's expressed preferences in placement options while conducting transparent, individualized risk assessments. Amends the Children and Family Services Act. Adds provisions concerning case plans for youth in care and the specific tasks and responsibilities a caregiver must complete to ensure each youth is provided with safe, proper, and supportive care based on the youth's needs and best interests, including, but not limited to, the youth's protected characteristics as defined under the Illinois Human Rights Act. Contains provisions concerning requirements for interstate placements of youth age 8 or older, including, but not limited to: protecting a youth's access to lawful health care and civil immunities for Department employees who protect a youth's access to lawful health care; individualized assessments on the suitability and risks of the proposed interstate placement; ongoing Illinois-based case worker contact and monitoring; and a prohibition on consent to conversion therapy. Contains provisions on youth requested in-state or out-of-state placement and other related matters; annual Department reports on out-of-state placements; performance audits; private right of action; and other matters. Amends the Child Care Act of 1969 by adding provisions on supportive care for youth in care; youth-directed placement rights; licensure and contractual compliance. Amends the Juvenile Court Act of 1987. Adds provisions on the appointment of an attorney for a youth in care with special needs; required Department attestations on caregiver conduct when a youth is placed in an out-of-state residential treatment center; assessments and monitoring for minors in out-of-state placements; and other matters. Effective July 1, 2027.

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Reference to Act. This Act may be referred to as the Safeguards to Ensure Continuity and Uphold Rights and Equity (SECURE) Act.

Section 3. Legislative findings and intent. The General Assembly finds and declares:

(1) Youth in the care and custody of the Department of Children and Family Services deserve all the legal protections available under the law, but the current legal protections available to these youth require a suite of statutory enhancements.

(2) Illinois retains a non-delegable duty to safeguard their safety, health, dignity, and well-being.

(3) Out-of-state placements do not diminish Illinois' responsibility to ensure youth are not subjected to foreseeable harm, discrimination, or denial of care that would be lawful and medically appropriate under Illinois law.

(4) Youth in foster care experience disproportionate rates of trauma and unmet medical, reproductive, sexual, and gender-related health needs, which may emerge over time and require ongoing monitoring and appropriate treatment.

(5) Youth voice is essential to sound child welfare decision-making.

(6) The State of Illinois, including the Department of Children and Family Services, must respect and meaningfully consider a youth's expressed preferences in placement options while conducting transparent, individualized risk assessments.

(7) Regular Illinois-based caseworker contact is necessary to identify emerging needs, including pregnancy-related care, contraception, and treatment of sexually transmitted infections.

(8) Caseworkers coordinating and delivering services on behalf of youth placed out-of-state need protection from civil liability for these duties, provided they are acting in good faith and within the scope of their duties and not engaged in willful or wanton conduct.

(9) Contracted providers and caregivers receiving State funds must comply with Illinois standards as a condition of licensure and contracting.

(10) To protect children from harm resulting from violations of specified provisions of this Amendatory Act of the 104th General Assembly and to ensure effective enforcement of this amendatory Act of the 104th General Assembly, a private right of action is necessary.

(11) The changes made by this amendatory Act of the 104th General Assembly shall be liberally construed to protect children's safety, dignity, well-being, and rights.

Section 5. The Children and Family Services Act is amended by changing Sections 6a and 7 and by adding Sections 7.29, 7.30, 7.31, 7.32, and 7.33 as follows:

(20 ILCS 505/6a) (from Ch. 23, par. 5006a)

Sec. 6a. Case plan.

(a) With respect to each Department client for whom the Department is providing placement service, the Department shall develop a case plan designed to stabilize the family situation and prevent 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, reunify the family if temporary placement is necessary when safe and appropriate, or move the child toward an appropriate permanent living arrangement and permanent legal status, consistent with the child's best interest, using the factors set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987. Such case plan shall provide for the utilization of family preservation services as defined in Section 8.2 of the Abused and Neglected Child Reporting Act. Such case plan shall be reviewed and updated every 6 months. The Department shall ensure that incarcerated parents are able to participate in case plan reviews via teleconference or videoconference. Where appropriate, the case plan shall include recommendations concerning alcohol or drug abuse evaluation.

If the parent is incarcerated, the case plan must address the tasks that must be completed by the parent and how the parent will participate in the administrative case review and permanency planning hearings and, wherever possible, must include treatment that reflects the resources available at the facility where the parent is confined. The case plan must provide for visitation opportunities, unless visitation is not in the best interests of the child.

(a-5)(1) As used in this subsection, "caregiver" means the person providing substitute care for a child. For placements licensed by the Department under the Child Care Act of 1969 that utilize a shift staff model to provide daily supervision of youth, such as congregate care placements, "caregiver" means a staff member employed to provide such care for the child.

(2) The case plan shall include specific, concrete tasks and responsibilities for the child's caregiver to ensure each child is provided with safe, proper, and supportive care based on the child's needs and best interests, including, but not limited to, the child's protected characteristics as defined under the Illinois Human Rights Act, and in alignment with the requirements of Sections 7, 7.29, and 7.30 of this Act.

(3) The caregiver's case plan tasks shall include, at a minimum, the duty to:

(A) ensure that the child's daily physical, emotional, developmental, educational, cultural, and social needs are met;

(B) maintain an environment providing supportive care as defined under subsection (b) of Section 7.29 of this Act to treat the child in a manner that meets the child's need for safety and security, is free from harassment and abuse, and is supportive of the child's identity, including, but not limited to, the child's race, color, national origin, ancestry, sex, sexual orientation, disability, religion, pregnancy, reproductive health decisions, and any other characteristic protected under the Illinois Human Rights Act;

(C) collaborate with the child's parents, the Department, and service providers, when appropriate and consistent with the child's safety and permanency plan, to promote the child's well-being and connection to family and community; and

(D) ensure the caregiver does not engage in discriminatory conduct.

Case plans shall address each child's health care needs and, if a need is identified, specify steps the Department and caregivers shall take to ensure timely provision of health care, including, but not limited to, arranging transportation and ensuring the child can attend appointments. If the Department is placing or has placed a child in a jurisdiction outside the State of Illinois, and that jurisdiction exposes a child to risk of adverse action, as defined in subsection (b) of Section 7.30, the case plan shall include provisions requiring the Department to take all necessary measures to ensure that the child continues to receive the full protections and benefits guaranteed by the laws of this State as required under Sections 7, 7.29, 7.30, and 7.31. This includes, but is not limited to, coordination with out-of-state providers or Illinois-based providers to ensure that a child can access and receive health care, including mental health care, lawful in the State of Illinois. The Department shall document in the case plan the steps the Department has taken to fulfill the obligations under this subsection (a-5) and Sections 7, 7.29, 7.30, and 7.31 and report this information to the court as part of the Department's required efforts under Section 2-28 of the Juvenile Court Act of 1987.

(4) The Department shall provide guidance, support, and training to caregivers to ensure they have the knowledge, resources, and skills necessary to meet the responsibilities described in this subsection, including culturally responsive and trauma-informed care practices. Caregivers shall agree to abide by the caregiver obligations required by the case plan prior to the child's placement and throughout the duration of a child's placement with the caregivers. The Department shall monitor the caregiver's compliance with these requirements and document this compliance supporting the Department's determination of the continued appropriateness of this placement as part of the child's case review and permanency hearing process required under this Act and report this information to the court as part of the Department's required efforts under Sections 2-27.4 and 2-28 of the Juvenile Court Act of 1987.

(5) Nothing in this subsection shall be construed to limit or diminish:

(A) the rights of a child to be free from discrimination or to receive care consistent with the protections guaranteed under State and federal law; or

(B) the Department's obligation to act in the best interest of a child.

(b) The Department may enter into written agreements with child welfare agencies to establish and implement case plan demonstration projects. The demonstration projects shall require that service providers develop, implement, review and update client case plans. The Department shall examine the effectiveness of the demonstration projects in promoting the family reunification or the permanent placement of each client and shall report its findings to the General Assembly no later than 90 days after the end of the fiscal year in which any such demonstration project is implemented.

(Source: P.A. 103-1061, eff. 7-1-25.)

(20 ILCS 505/7) (from Ch. 23, par. 5007)

Sec. 7. Placement of children; considerations.

(a) In placing any child under this Act, the Department shall place the child, as far as possible, in the care and custody of some individual holding the same religious belief as the parents of the child, or with some child care facility which is operated by persons of like religious faith as the parents of such child.

(a-5) In placing a child under this Act, the Department shall place the child with the child's sibling or siblings under Section 7.4 of this Act unless the placement is not in each child's best interest, or is otherwise not possible under the Department's rules. If the child is not placed with a sibling under the Department's rules, the Department shall consider placements that are likely to develop, preserve, nurture, and support sibling relationships, where doing so is in each child's best interest.

(b) In placing a child under this Act, the Department shall place a child with a relative if the Department determines that the relative will be able to adequately provide for the child'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.

When the Department first assumes custody of a child, in placing that child under this Act, the Department shall make reasonable efforts to identify, locate, and provide notice to all adult grandparents and other adult relatives of the child who are ready, willing, and able to care for the child. At a minimum, these diligent efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be cared for in a home environment. The Department must document its efforts to identify, locate, and provide notice to such potential relative placements and maintain the documentation in the child's case file. The Department shall complete the following initial family finding and relative engagement efforts:

(1) The Department shall conduct an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the minor including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903). The Department shall make diligent efforts to investigate the names and locations of the relatives, including, but not limited to, asking the child in an age-appropriate manner and consistent with the child's best interest about any parent, alleged parent, and relatives important to the child, and obtaining information regarding the location of the child's parents, alleged parents, and adult relatives.

As used in this subsection (b), "family finding and relative engagement" means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify any person who would be eligible to be a relative caregiver as defined in Section 4d of this Act and to connect a child, consistent with the child's best interest, who may be disconnected from the child's parents, with those relatives and kin in an effort to provide family support or possible placement. If it is known or there is reason to know that the child is an Indian child, as defined in Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903), "family finding and relative engagement" also includes contacting the Indian child's tribe to identify relatives and kin. No later than July 1, 2025, the Department shall adopt rules setting forth specific criteria as to family finding and relative engagement efforts under this subsection (b) and under Section 2-27.3 of the Juvenile Court Act of 1987, including determining the manner in which efforts may or may not be appropriate, consistent with the best interests of the child.

(2) In accordance with Section 471(a)(29) of the Social Security Act, the Department shall make diligent efforts to provide all adult relatives who are located with written notification and oral notification, in person or by telephone, of all the following information:

(i) the minor has been removed from the custody of the minor's parent or guardian; and

(ii) an explanation of the various options to participate in the care and placement of the minor and support for the minor's family, including any options that may expire by failing to respond. The notice shall provide information about providing care for the minor while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a certified relative caregiver home, and additional services and support that are available in substitute care. The notice shall also include information regarding, adoption and subsidized guardianship assistance options, health care coverage for youth in care under the medical assistance program established under Article V of the Illinois Public Aid Code, and other options for contact with the minor, including, but not limited to, visitation. Upon establishing the Department's kinship navigator program, the notice shall also include information regarding that benefit.

No later than July 1, 2025, the Department shall adopt or amend existing rules to implement the requirements of this subsection, including what constitutes "diligent efforts" and when exceptions, consistent with federal law, are appropriate.

(b-5)(1) If the Department determines that a placement with any identified relative is not in the child's best interests or that the relative does not meet the requirements to be a relative caregiver, as set forth in Department rules or by statute, the Department must document the basis for that decision, maintain the documentation in the child's case file, inform the identified relative of the relative's right to reconsideration of the decision to deny placement with the identified relative, provide the identified relative with a description of the reconsideration process established in accordance with subsection (o) of Section 5 of this Act, and report this information to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987.

If, pursuant to the Department's rules, any person files an administrative appeal of the Department's decision not to place a child with a relative, it is the Department's burden to prove that the decision is consistent with the child's best interests. The Department shall report information related to these appeals pursuant to Section 46 of this Act.

When the Department determines that the child requires placement in an environment, other than a home environment, the Department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, unless excused by the court, as outlined in Section 2-27.3 of the Juvenile Court Act of 1987.

If the Department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the Department shall document the basis of its determination and maintain the documentation in the child's case file.

If the Department determines that an individual or a group of relatives are inappropriate to serve as visitation resources or possible placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, inform the identified relative of the relative's right to a reconsideration of the decision to deny visitation with the identified relative, provide the identified relative with a description of the reconsideration process established in accordance with subsection (o) of Section 5 of this Act, and report this information to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987.

When the Department determines that an individual or a group of relatives are appropriate to serve as visitation resources or possible future placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, create a visitation or transition plan, or both, and incorporate the visitation or transition plan, or both, into the child's case plan. The Department shall report this information to the court as part of the Department's family finding and relative engagement efforts required under Section 2-27.3 of the Juvenile Court Act of 1987. For the purpose of this subsection, any determination as to the child's best interests shall include consideration of the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

(2) The Department may initially place a child in a foster family home as defined under Section 2.17 of the Child Care Act of 1969 or a certified relative caregiver home as defined under Section 4d of this Act. Initial placement may also be made with a relative who is not yet a certified relative caregiver if all of the following conditions are met:

(A) The prospective relative caregiver and all other adults in the home must authorize and submit to a background screening that includes the components set forth in subsection (c) of Section 3.4 of the Child Care Act of 1969. If the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of (i) the prospective relative caregiver for an offense not prohibited under subsection (c) of Section 3.4 of the Child Care Act of 1969 or (ii) any other adult in the home for a felony offense, the Department shall thoroughly investigate and evaluate the criminal history, including an assessment of the person's character and the impact that the criminal history has on the prospective relative caregiver's ability to parent the child. The investigation must consider the type of crime, the number of crimes, the nature of the offense, the age of the person at the time of the crime, the length of time that has elapsed since the last conviction, the relationship of the crime to the ability to care for children, the role that the person will have with the child, and any evidence of rehabilitation. Initial placement may not be made if the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of the prospective relative caregiver for an offense prohibited under subsection (c) of Section 3.4 of the Child Care Act of 1969; however, a waiver may be granted for placement of the child in accordance with subsection (v-4) of Section 5.

(B) The home safety and needs assessment requirements set forth in paragraph (1) of subsection (b) of Section 3.4 of the Child Care Act of 1969 are satisfied.

(C) The prospective relative caregiver is able to meet the physical, emotional, medical, and educational needs of the specific child or children being placed by the Department.

No later than July 1, 2025, the Department shall adopt rules or amend existing rules to implement the provisions of this subsection (b-5). The rules shall outline the essential elements of each form used in the implementation and enforcement of the provisions of this amendatory Act of the 103rd General Assembly.

No later than July 1, 2025, relative caregiver payments shall be made to relative caregiver homes as provided under Section 5 of this Act. A relative with whom a child is placed pursuant to this subsection may, but is not required to, apply for licensure as a foster family home pursuant to the Child Care Act of 1969; provided, however, that as of July 1, 1995, foster care payments shall be made only to licensed foster family homes pursuant to the terms of Section 5 of this Act.

The provisions added to this subsection (b) by Public Act 98-846 shall become operative on and after June 1, 2015.

(c) In placing a child under this Act, the Department shall ensure that the child's health, safety, and best interests are met. This includes children placed outside of the State of Illinois by the Department as required under Sections 7.29, 7.30, and 7.31. In rejecting placement of a child with an identified relative, the Department shall (i) ensure that the child's health, safety, and best interests are met, (ii) inform the identified relative of the relative's right to reconsideration of the decision and provide the identified relative with a description of the reconsideration process established in accordance with subsection (o) of Section 5 of this Act, (iii) report that the Department rejected the relative placement to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987, and (iv) report the reason for denial in accordance with Section 46 of this Act. In evaluating the best interests of the child, the Department shall take into consideration the factors set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

The Department shall consider the individual needs of the child and the capacity of the prospective caregivers or prospective adoptive parents to meet the needs of the child. When a child must be placed outside the child's home and cannot be immediately returned to the child's parents or guardian, a comprehensive, individualized assessment shall be performed of that child at which time the needs of the child shall be determined. The Department shall place the child based on the Department's assessment of the prospective caregivers' or prospective adoptive parents' ability to meet the child's specific needs for safety, supportive care, and well-being and the expressed commitment of the prospective caregivers or adoptive parents to comply with the requirements of the Illinois Human Rights Act and Sections 6a, 7, 7.29, 7.30, and 7.31 of this Act. The Department shall not place a child without determining that the prospective caregivers or prospective adoptive parents have the capacity to meet the child's specific needs for safety, supportive care, and well-being, and the prospective caregivers or adoptive parents expressly committing to comply with the requirements of the Illinois Human Rights Act, the caregivers' or adoptive parents' case plan obligations required under subsection (a-5) of Section 6a of this Act, and the requirements of Sections 7, 7.29, 7.30, and 7.31 of this Act. Only if race, color, gender, identity, sex, sexual orientation, or national origin is identified as a legitimate factor in advancing the child's best interests shall it be considered. Placement decisions shall not be made in a manner that violates a child's right to be free from unlawful discrimination as protected under the Illinois Human Rights Act. Race, color, or national origin shall not be routinely considered in making a placement decision. The Department shall make special efforts for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of the children for whom foster and adoptive homes are needed. "Special efforts" shall include contacting and working with community organizations and religious organizations and may include contracting with those organizations, utilizing local media and other local resources, and conducting outreach activities.

This subsection (c) applies to all interstate placements of a child, whether made in accordance with the Interstate Compact on the Placement of Children, an intergovernmental agreement, or any other placement arrangement authorized by the Department to provide substitute care. This does not include out-of-state placements with a parent.

Nothing in this subsection (c) shall be construed to limit or diminish: (i) the rights of a child to be free from discrimination or to receive care consistent with the protections guaranteed under State and federal law or (ii) the Department's obligation to act in the best interests of a child.

(c-1) At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of Section 5, 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. To the extent that doing so is in the child's best interests as set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987, the Department should consider placements that will permit the child to maintain a meaningful relationship with the child's parents.

(d) The Department may accept gifts, grants, offers of services, and other contributions to use in making special recruitment efforts.

(e) The Department in placing children in relative caregiver, certified relative caregiver, adoptive, or foster care homes may not, in any policy or practice relating to the placement of children for adoption or foster care, discriminate against any child or prospective caregiver or adoptive parent on the basis of race.

(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25.)

(20 ILCS 505/7.29 new)

Sec. 7.29. Caregiver conduct supporting youth well-being and protected characteristics.

(a) Legislative purpose. It is the policy of this State that youth in the care or custody of the Department are entitled to safety, dignity, stability, mental health, and emotional well-being, including, but not limited to, respect for the youth's protected characteristics, and that caregiver conduct and placement conditions directly affect permanency, well-being, and best interests.

(b) Definitions. As used in this Section:

"Protected characteristic" means any characteristic protected under the Illinois Human Rights Act, including, but not limited to, actual or perceived race, color, religion, sex, sexual orientation, gender-related identity, national origin, ancestry, age, disability, pregnancy, reproductive health decisions, or marital status.

"Supportive care" means caregiving practices that are supportive of and responsive to a youth's identity, lived experience, and developmental needs and that do not subject the youth to rejection or hostility based on, or coercive efforts to change, a protected characteristic.

"Youth" has the meaning ascribed to that term in subsection (b) of Section 4e of this Act.

(c) Applicability. This Section applies to all caregivers, foster homes, relative placements, and licensed child care facilities providing care to youth in the care or custody of the Department.

(d) Placement and caregiver conduct requirements. A foster parent, relative caregiver, group home, residential treatment center, child care institution, or child placing agency providing care to a youth shall:

(1) provide care in a manner that is respectful of and supportive of the youth's individual identity, needs, and protected characteristics as defined under the Illinois Human Rights Act, and consistent with the youth's case plan and best interests; and

(2) cooperate with the Department in supporting services, care planning, and placements that are consistent with the youth's health, safety, well-being, and best interests.

(e) Prohibited conduct. A foster parent, relative caregiver, group home, residential treatment center, child care institution, or child placing agency providing care to a youth in the care or custody of the Department is prohibited from engaging in conduct that:

(1) demeans, harasses, rejects, intentionally disregards, or retaliates against a youth based on a protected characteristic;

(2) intentionally interferes with services, supports, or treatment identified in the youth's case plan; or

(3) subjects a youth to practices prohibited under subsection (f) of Section 7.30 of this Act.

(f) Scope and limitations. Nothing in this Section shall be construed to:

(1) regulate or compel an individual's beliefs, religious practices, or private speech unrelated to the provision of care;

(2) require a caregiver to provide medical treatment beyond that authorized by law, court order, parental consent, or Department policy; or

(3) prohibit reasonable and developmentally appropriate limits necessary to protect the safety of the youth or others.

(g) Clinical judgment and safety exception. Actions taken in accordance with the good-faith exercise of clinical judgment by a licensed professional, or actions necessary to address immediate safety concerns, shall not constitute a violation of this Section, provided that such actions are not based on bias against a protected characteristic and are documented in the youth's case record.

(h) Licensure and contract conditions. Compliance with this Section is a condition of licensure, approval, and continued eligibility to provide care under this Act and a condition of any contract, grant, or purchase-of-service agreement with the Department.

(i) Enforcement. Violations of this Section may result in corrective action, removal of a child, enhanced monitoring, placement holds, or other remedies authorized by law.

(j) Nothing in this Section shall be construed to limit or diminish: (i) the rights of a youth to be free from discrimination or to receive care consistent with the protections guaranteed under State and federal law; or (ii) the Department's obligation to act in the youth's best interests.

(20 ILCS 505/7.30 new)

Sec. 7.30. Protection of access to lawful health care for youth placed outside the State of Illinois.

(a) Findings. The General Assembly finds that:

(1) Youth in the care or custody of the Department remain subject to the jurisdiction of Illinois courts regardless of placement location, and access to medically appropriate health care is essential to youth safety and well-being.

(2) Denial or delay of medically appropriate health care may result in serious physical and mental health consequences.

(3) The Department has a continuing obligation to act in the best interests of youth in its care, including ensuring access to lawful, medically appropriate health care authorized under Illinois law.

(4) It is the policy of this State to ensure that all youth in the care, custody, or guardianship of the Department of Children and Family Services receive the full measure of protections, rights, and services guaranteed under Illinois law, regardless of the state in which the Department places a youth, and the General Assembly intends to protect the rights of youth placed by the Department outside the physical boundaries of the State of Illinois and require the Department to take affirmative steps to protect youth residing outside the State of Illinois when they are under the jurisdiction of the juvenile court under Article II proceedings of the Juvenile Court Act of 1987.

(b) Definitions. As used in this Section:

"Adverse action" means a loss of a statutory protection available under Illinois law that would otherwise be available to a youth if not for the placement of a youth outside the physical boundaries of the State of Illinois that can be reasonably predicted to have the effect of one or more of the following: exposing a youth or a youth's caregiver to criminal prosecution under the laws of another state related to the youth procuring or receiving health care, including mental health care, that is lawful in the State of Illinois; depriving a youth of access to health care, including mental health care, that is lawful in the State of Illinois; subjecting a youth to mental health care in another state that involves "sexual orientation change efforts" or "conversion therapy" as the terms are defined under Section 15 of the Youth Mental Health Protection Act; denying youth the authority to consent to health care that they would otherwise be permitted to consent to if the youth were in the State of Illinois; or depriving youth of the ability to maintain the privacy of their health care records that they would otherwise be permitted to deny a parent's or guardian's access to if the youth were participating in health care services in Illinois.

"Coordination of lawful health care" means activities related to arranging, referring, facilitating access to, monitoring, or advocating for health care services, including mental health care, that is lawful in the State of Illinois. This includes communications necessary to effectuate such services, for youth placed outside the State of Illinois.

"Interstate placement" means the placement of a youth for whom Illinois retains legal custody or guardianship in a relative home, foster home, residential facility, or other placement located outside this State, including placements made pursuant to the Interstate Compact on the Placement of Children. This does not apply to out-of-state placement of a minor in the home of a parent.

"Youth" has the meaning ascribed to that term in subsection (b) of Section 4e of this Act.

(c) Retention of consent authority. For any youth in the care or custody of the Department, the Department retains authority to consent to and authorize health care consistent with Illinois law, unless otherwise ordered by a court of competent jurisdiction, regardless of the youth's physical location.

(d) Individualized placement assessment for out-of-state placements.

(1) Prior to placing a youth age 8 or older outside the State of Illinois, the Department shall conduct an individualized assessment of the suitability and risks of the proposed placement for the specific youth. The Department shall monitor and continue to reassess suitability and risks as required by this Section if the youth is placed out-of-state. If a youth is placed out-of-state before turning age 8, the Department shall commence the initial assessment within 30 days of the youth achieving age 8 and begin monitoring and reassessment of suitability and risks under this Section while the youth remains in out-of-state placement. Assessments required under this Section shall consider, as appropriate:

(A) the youth's age, development, and expressed preferences;

(B) the youth's physical, mental, reproductive, and sexual health needs, including reasonably foreseeable needs that may arise during the placement;

(C) whether the laws of the placement jurisdiction may limit or interfere with access to care or services that would be lawful under Illinois law, including, but not limited to, reproductive health care as defined in Section 1-10 of the Reproductive Health Act, lawful health care as defined in Section 28-10 of the Lawful Health Care Activity Act, a youth's authority to consent to care under Sections 1, 3, 4, and 5 of the Consent by Minors to Health Care Services Act, the privacy protections afforded to minors under the Mental Health and Developmental Disabilities Confidentiality Act, birth control services and information available to minors under the Birth Control Services to Minors Act, and the ability of youth to request and receive outpatient counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code;

(D) the youth's vulnerability to discrimination, retaliation, or harm based on the youth's protected characteristics or other individualized factors; and

(E) the Department's plan to monitor and reassess the suitability and risks associated with the placement to ensure mitigation of risk is sufficient to meet the youth's needs, which may include plans to arrange equivalent protections or access to relevant health care through contractual obligations and supplemental services or by ensuring the youth's safe return to the State of Illinois to access relevant care.

The Department shall document the assessment in the youth's case record, including the basis for the placement, the assessment of protections available, and the specific actions taken or to be taken, including protective measures to mitigate against adverse action and report this information to the court as required under Sections 2-27.2, 2-27.4, and 2-28 of the Juvenile Court Act. If the Department places the youth age 8 or older out-of-state, the Department shall continue to report this information to the court as part of the Department's required efforts under Sections 2-27.2 and 2-27.4 of the Juvenile Court Act of 1987. If the Department places a youth under age 8 out-of-state, the Department shall begin to report this information to the court as part of the Department's required efforts under Sections 2-27.2 and 2-27.4 of the Juvenile Court Act of 1987 when the youth achieves the age of 8.

(2) If the initial placement assessment for a youth age 8 or older finds that the placement poses risk of adverse action relevant to the youth's specific circumstances and that risk cannot be sufficiently and effectively mitigated for this youth's circumstances, the Department shall not place a youth age 8 or older unless the youth expresses wishes to be placed in the receiving state with a protective plan developed by the Department after the youth has been sufficiently advised of the diminished protections available in the receiving state and the risk these diminished protections pose to the youth's specific circumstances.

If that youth is not already represented by legal counsel, the Department shall notify the court of the youth's need for legal counsel and request that the court appoint legal counsel for the youth as required under Section 2-17.5 of the Juvenile Court Act of 1987 to ensure the youth can be sufficiently advised of the diminished protections available in the receiving state and the risk these diminished protections pose to the youth's specific circumstances. The Department shall include the youth's pre-placement assessment in the Department's request to the court.

If the youth was under age 8 at the time of out-of-state placement and the initial placement assessment required under this Section for youth achieving the age 8 after out-of-state placement finds that the placement poses risk of adverse action relevant to the youth's specific circumstances and that risk cannot be sufficiently and effectively mitigated for the youth's circumstances, the Department shall ensure that the youth wishes to remain placed in the receiving state with a protective plan developed by the Department after the youth has been sufficiently advised of the diminished protections available in the receiving state and the risk these diminished protections pose to the youth's specific circumstances.

If that youth is not already represented by legal counsel, the Department shall notify the court of the youth's need for legal counsel and request that the court appoint legal counsel for the youth as required under Section 2-17.5 of the Juvenile Court Act of 1987 to ensure the youth can be sufficiently advised of the diminished protections available in the state of the youth's placement and the risk these diminished protections pose to the youth's specific circumstances. The Department shall include a summary of the findings of the youth's initial placement assessment in the Department's request to the court.

(3) Nothing in this subsection (d) requires court approval prior to placement unless otherwise required by law.

(e) Ongoing duty for Illinois-based case worker contact and monitoring.

(1) For any youth age 8 or older placed outside the State of Illinois, the Department shall ensure that an Illinois-based caseworker maintains regular and meaningful contact with the youth for the purpose of monitoring safety, well-being, and access to medically appropriate care. At a minimum, such contact shall include:

(A) direct communication with the youth at intervals consistent with Department policy, but not less frequently than once per month in a manner that permits the youth to speak freely without the undue influence of others, about the youth's needs and concerns related to health, safety, and well-being;

(B) monitoring whether the youth's placement is complying with the Department's plan to ensure the youth is receiving care that meets or exceeds Illinois standards for safety, well-being, permanency planning, and health care access;

(C) identifying emerging or reasonably foreseeable health care needs, including reproductive and sexual health needs, in light of the youth's age, development and circumstances; and

(D) reassessing whether the placement continues to meet the youth's needs in light of changing circumstances and whether mitigation efforts are needed or existing efforts require modification. Case worker contact required under this subsection shall be documented in the case record and reported to the court as required under Sections 2-27.2, 2-27.4, and 2-28 of the Juvenile Court Act.

(2) The ongoing assessment and monitoring required under this subsection shall recognize that a youth's health care needs may change over time and shall not be limited to conditions or needs identified at the time of placement. The Department shall document such reassessments in the youth's case file. When a youth is placed in a jurisdiction with laws or practices that present risk of adverse action and may materially restrict access to health care that would be lawful and medically appropriate under Illinois law, the Department shall consider whether continued placement remains in the best interests of the youth.

(3) If the Department's ongoing monitoring and assessment required under this subsection finds that the risk of adverse action relevant to the youth's specific circumstances can no longer be sufficiently and effectively mitigated while the youth remains out-of-state, as required under paragraph (1), the Department shall intervene or recall the youth to Illinois unless the youth expresses wishes to remain in the receiving state with a protective plan, after the youth has been sufficiently advised of the diminished protections available to the youth in that placement and the risk these diminished protections pose to the youth's specific circumstances. The Department shall immediately notify the youth's legal counsel when the Department is considering intervening or recalling the youth as provided under this paragraph.

If an out-of-state placement results in the denial, delay, or material interference with authorized health care approved by the Department, ordered by an Illinois court, or consented to by the youth as permitted by laws allowing minors to consent, the Department shall initiate prompt action to secure access to care or an alternative placement and notify the youth's legal counsel.

(4) If the youth's circumstances did not require appointment of legal counsel under paragraph (2) of subsection (d) prior to out-of-state placement, but the youth's current circumstances have changed such that appointment of legal counsel is now required under paragraph (2) of subsection (d) or under this subsection, and the youth is not otherwise represented by legal counsel, the Department shall notify the court of the youth's need for legal counsel and request that the court appoint legal counsel for the youth under Section 2-17.5 of the Juvenile Court Act of 1987.

(f) Prohibition on consent to conversion therapy. Notwithstanding any other provision of law, the Department shall not consent, authorize, or otherwise arrange for a youth to receive mental health services that involve "sexual orientation change efforts" or "conversion therapy" as those terms are defined under Section 15 of the Youth Mental Health Protection Act, regardless of whether the child is placed within or outside of this State.

Nothing in this subsection prohibits a youth from receiving voluntary counseling that does not seek to change sexual orientation or gender identity, nor does it limit the authority of a court of competent jurisdiction to issue orders necessary to protect the health or safety of the youth.

(g) Protection of Department employees and agents. No employee or agent of the Department shall be subject to discipline, retaliation, adverse employment action, civil liability, or criminal liability solely for the coordination of lawful health care for a youth in an interstate placement, when such coordination is undertaken in good faith and within the scope of the employee's or agent's official duties in accordance with Sections 6a, 7, 7.29, 7.30, and 7.31 of this Act.

The Department, and any employee or agent thereof, shall not knowingly cooperate with or provide assistance to any out-of-state investigation, enforcement action, subpoena, or request that seeks to impose civil, criminal, or professional penalties on a Department employee or agent based solely on the coordination of lawful health care, as defined in this Section.

The State shall provide legal defense and indemnification to an employee or agent of the Department for any claim, action, or proceeding arising solely from the good-faith coordination of lawful health care for a youth in an interstate placement.

For purposes of any civil claim arising from conduct described in this subsection, Illinois law shall govern the duties and obligations of the Department employee, contractor, or agent.

(h) Construction. Nothing in this Section shall be construed to:

(1) provide immunity for any act or omission unrelated to the coordination of lawful health care;

(2) require any person or entity to violate the laws of another state;

(3) authorize conduct that is not otherwise lawful under Illinois law;

(4) regulate the practice of medicine in another state;

(5) limit the authority of Illinois courts over youth for whom the Department retains legal custody;

(6) require another state to permit or provide health care services; or

(7) protect conduct that constitutes willful misconduct or gross negligence under Illinois law.

(i) Applicability. This Section applies to placements made directly by the Department and to placements arranged in accordance with the Interstate Compact on the Placement of Children.

(j) Enforcement. Failure to comply with this Section constitutes grounds for placement denial, placement termination, or other remedial action authorized by law.

(k) Nothing in this Section shall be construed to limit or diminish: (i) the rights of a youth to be free from discrimination or to receive care consistent with the protections guaranteed under State and federal law or (ii) the Department's obligation to act in the youth's best interests.

(20 ILCS 505/7.31 new)

Sec. 7.31. Youth-directed placement decision-making.

(a) Youth right to express placement preference. A youth age 8 or older in the care or custody of the Department has the right to express a placement preference, including a preference for an out-of-state placement, and to have that preference treated as a primary consideration in placement decisions.

(b) Presumption in favor of youth preference. There shall be a rebuttable presumption that a placement consistent with the youth's expressed preference is in the youth's best interests.

(c) Burden on the Department. The Department may decline or override a placement requested by the youth only if the Department demonstrates, by clear and convincing evidence, that the placement would pose a specific and imminent risk of serious harm to the youth that cannot be reasonably mitigated through supports, services, planning, or placement conditions.

(d) Required findings. Any decision to deny a youth's placement preference shall be:

(1) made in writing in an age-appropriate and developmentally appropriate manner;

(2) supported by individualized findings specific to the youth and the requested placement; and

(3) descriptive of the efforts made to mitigate identified risks.

(e) Legal counsel and advocacy. If the youth is appointed legal counsel, a youth asserting a placement preference under this Section has the right to consult with legal counsel prior to a final placement decision.

(f) Notice of rights. The Department shall provide written and verbal notice of the rights under this Section to youth in an age-appropriate and developmentally appropriate manner and shall document provision of the notice in the youth's case file.

(20 ILCS 505/7.32 new)

Sec. 7.32. Public transparency and accountability reporting.

(a) Beginning January 1, 2028, and annually every January 1 thereafter, the Department shall post on its website data from the preceding State fiscal year regarding:

(1) The following information for each youth placed out-of-state: age, gender, type of placement (relative, foster home, adoptive home, institution, detention, or any other type of placement), and the name of the state in which the youth is placed.

(2) The number of violations in which the Department took action pertaining to Sections 6a, 7, 7.29, 7.30, and 7.31 of this Act. For data related to each violation, the Department shall indicate the type of action taken by the Department and the outcome associated with each violation.

(3) A list of contracted entities that had repeat findings of violations under Sections 6a, 7, 7.29, 7.30, and 7.31 of this Act or under Section 8.1b of the Child Care Act of 1969.

(4) The number of youth appointed legal counsel for purposes of subsections (d) and (e) of Section 7.30.

The Department shall include a description of the methodology the Department used to collect the information for paragraphs (1) through (4), indicate whether the Department had any difficulties collecting the information, and indicate whether there are concerns about the validity of the information. If any of the data elements required to be disclosed under this Section could reveal a youth's identity if revealed in combination with all the identifying information due to small sample size, the Department shall exclude the data elements that could be used to identify the youth so that the data can be included as part of a larger sample and report that the data was excluded for this reason.

(b) Performance audits. Three years after the effective date of this amendatory Act of the 104th General Assembly, the Auditor General shall commence a performance audit of the Department to determine whether the Department is meeting the requirements established by this amendatory Act of the 104th General Assembly in Sections 6a, 7, 7.29, 7.30, 7.31, and 7.32 of this Act, Section 8.1b of the Child Care Act of 1969, and Sections 2-17.5, 2-27.2, 2-27.4, and 2-28 of the Juvenile Court Act of 1987. Within 3 years after the audit's release, the Auditor General shall commence a follow-up performance audit to determine whether the Department has implemented the recommendations contained in the initial performance audit.

Upon completion of each audit, the Auditor General shall report its findings to the General Assembly. The Auditor General's reports shall include any issues or deficiencies and recommendations. The audits required by this Section shall be in accordance with and subject to the Illinois State Auditing Act. The Department shall post both audits required under this subsection on the Department's website within 30 days after the Auditor General's finalization of the respective audit.

(20 ILCS 505/7.33 new)

Sec. 7.33. Private right of action.

(a) Any child or youth aggrieved by a violation of subsection (a-5) of Section 6a, subsection (c) of Section 7, or Sections 7.29, 7.30, or 7.31 may bring a civil action in a court of competent jurisdiction.

(b) An action under this Section may be brought without exhaustion of administrative remedies available through the Department of Children and Family Services.

(c) Relief under this Section may include:

(1) injunctive and declaratory relief, including orders requiring compliance with this Act;

(2) actual damages, including damages for emotional distress, where proven;

(3) reasonable attorney's fees and costs; and

(4) any other relief the court deems appropriate.

The remedies provided in this Section are in addition to any other remedies available at law or in equity.

(d) This Section is in addition to and does not limit any enforcement authority of the Department of Children and Family Services.

(e) If any provision of this Section or its application to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this Section that can be given effect without the invalid provision or application.

Section 10. The Child Care Act of 1969 is amended by adding Section 8.1b as follows:

(225 ILCS 10/8.1b new)

Sec. 8.1b. Supportive care for youth in care; youth-directed placement rights; licensure and contractual compliance.

(a) Any child care facility, child care institution, group home, residential treatment center, or child placing agency licensed under this Act that serves a child in the care or custody of the Department of Children and Family Services shall comply with Sections 6a, 7, 7.29, 7.30, and 7.31 of the Children and Family Services Act. As a condition of licensure under this Act and of eligibility to contract with or receive placement referrals from the Department of Children and Family Services, an entity licensed under this Act that provides care to a child in the care or custody of the Department shall comply with Sections 6a, 7, 7.29, 7.30, and 7.31 of the Children and Family Services Act and agree, by contract or written agreement, to comply with those Sections.

(b) Cooperation with youth-directed placement decisions. A licensed entity and its employees, agents, and caregivers shall cooperate with placement decisions and processes arising under Section 7.31 of the Children and Family Services Act, including by:

(1) allowing youth to communicate placement preferences without retaliation or interference;

(2) cooperating with assessments, planning, and court review related to youth-directed placement requests; and

(3) not obstructing lawful placement transitions approved by the Department or ordered by a court.

(c) Youth notice obligation. Licensed entities shall ensure that youth in their care receive the notice of rights required under Section 7.31 of the Children and Family Services Act and shall cooperate with the Department in documenting delivery of such notice.

(d) Cooperation with health care determinations for Illinois youth. An entity licensed under this Act that provides care to a child in the care or custody of the Department of Children and Family Services, including a child placed outside the State in accordance with the Interstate Compact on the Placement of Children, shall cooperate with health care determinations and care plans authorized under Illinois law, approved by the Department or an Illinois court, or consented to by the child if the child has statutory authority to provide such consent.

(e) Enforcement. Failure to comply with this Section constitutes grounds for corrective action, contract noncompliance, placement suspension or termination, or licensure suspension, revocation, or modification of a license issued under this Act as authorized by law.

(f) Private right of action. Any child or youth aggrieved by a violation of this Section may bring a civil action in a court of competent jurisdiction against the licensed entity responsible for the violation.

Relief under this subsection may include injunctive or declaratory relief, actual damages, statutory damages, reasonable attorney's fees, and costs.

An action under this subsection may be brought without exhaustion of administrative remedies available through the Department of Children and Family Services.

This subsection is in addition to and does not limit any enforcement authority of the Department of Children and Family Services.

(g) If any provision of this Section or its application is held invalid, the invalidity does not affect other provisions or applications of this Section.

Section 15. The Juvenile Court Act of 1987 is amended by changing Sections 2-27.2 and 2-28 and by adding Sections 2-17.5 and 2-27.4 as follows:

(705 ILCS 405/2-17.5 new)

Sec. 2-17.5. Appointment of attorney for youth in care with special needs.

(a) As used in this Section, "youth" has the meaning ascribed to that term in subsection (b) of Section 4e of the Children and Family Services Act. The term does not require that a youth be adjudicated dependent for purposes of this Section.

(b) Unless a youth is already represented by an attorney in these proceedings, an attorney shall be appointed for a youth in accordance with subsection (e) or (f) of Section 7.30 of the Children and Family Services Act.

(c) The court shall appoint an attorney upon notice to the court that a youth requires counsel under subsection (e) or (f) of Section 7.30 of the Children and Family Services Act.

(d) The Department shall develop procedures to identify a youth in care who has a special need specified under subsection (b) and to request that a court appoint an attorney for the youth as required under subsection (e) or (f) of Section 7.30 of the Children and Family Services Act.

(e) This Section does not limit the authority of the court to appoint an attorney for a minor or a guardian ad litem in a proceeding under this Act.

(705 ILCS 405/2-27.2)

Sec. 2-27.2. Placement; out-of-state residential treatment center.

(a) In addition to the provisions of subsection (3) of Section 2-27 of this Act, no placement by any probation officer or agency whose representative is an appointed guardian of the person or legal custodian of the minor may be made in an out-of-state residential treatment center unless the court has determined that the out-of-state residential placement is in the best interest and is the least restrictive, most family-like setting for the minor. The Department's application to the court to place a minor in an out-of-state residential treatment center shall include:

(1) an explanation of what in State resources, if any, were considered for the minor and why the minor cannot be placed in a residential treatment center or other placement in this State;

(2) an explanation as to how the out-of-state residential treatment center will impact the minor's relationships with family and other individuals important to the minor in and what steps the Department will take to preserve those relationships;

(3) an explanation as to how the Department will ensure the safety and well-being of the minor in the out-of-state residential treatment center, which shall include the Department's attestation that the placement has agreed to abide by the caregiver conduct required under Section 6a and subsections (d) and (e) of Section 7.29 of the Children and Family Services Act; and

(4) an explanation as to why it is in the minor's best interest to be placed in an out-of-state residential treatment center, including a description of the minor's treatment needs and how those needs will be met in the proposed placement; .

(5) if the minor is 8 years of age or older, an explanation of the individual placement assessment required under paragraph (1) of subsection (d) of Section 7.30 of the Children and Family Services Act, including any risk of adverse action and the Department's plan to mitigate such risk; and

(6) if applicable to the minor's circumstances, a notification to the court requesting that the court appoint legal counsel for the minor as required under subsection (b) of Section 2-17.5 of this Act.

(b) If the out-of-state residential treatment center is a secure facility as defined in paragraph (18) of Section 1-3 of this Act, the requirements of Section 27.1 of this Act shall also be met prior to the minor's placement in the out-of-state residential treatment center.

(b-5) If the minor is age 8 or older and the selection of the out-of-state residential treatment center is in conflict with the minor's placement preference under subsection (a) of Section 7.31 of the Children and Family Services Act, an explanation of the Department's findings required to meet the Department's burden under subsection (c) of Section 7.31 of the Children and Family Services Act shall also be met prior to the minor's placement in the out-of-state residential treatment center. The court shall put in writing the factual basis supporting its determination that the Department has or has not met the burden or made the findings required under subsections (c) and (d) of Section 7.31 of the Children and Family Services Act, and shall enter specific findings based on evidence.

(c) This Section does not apply to an out-of-state placement of a minor in a family foster home, relative foster home, a home of a parent, or a dormitory or independent living setting of a minor attending a post-secondary educational institution.

(Source: P.A. 100-136, eff. 8-18-17.)

(705 ILCS 405/2-27.4 new)

Sec. 2-27.4. Assessment and monitoring for minors in out-of-state placements.

(a) Applicability. Prior to initiating or approving an out-of-state placement of a minor under the care or custody of the Department of Children and Family Services, including placements in accordance with the Interstate Compact on the Placement of Children, the Department shall conduct an individualized pre-placement assessment addressing the suitability and risks of the proposed placement for the specific minor. This applies to minors age 8 or older. This does not include minors being placed with parents or minors being placed in an out-of-state residential treatment center. Minors being placed in an out-of-state residential treatment center shall be reviewed under Section 2-27.2.

(b) Court notification. No later than 5 days prior to the out-of-state placement of a minor 8 years or age or older, the public agency that is the custodian or guardian of the minor shall file a written report with the court explaining:

(1) The assessment completed under subsection (d) of Section 7.30 of the Children and Family Services Act, including identification of any known or reasonably foreseeable risks to the minor's health, safety, or well-being arising from the laws, policies, or practices of the placement jurisdiction;

(2) the necessity and justification for the out-of-state placement;

(3) the Department's efforts to identify an in-state placement;

(4) the anticipated duration of the placement, if this placement is not with a relative, as defined under the Children and Family Services Act;

(5) the plan of the public agency that is the custodian or guardian of the minor for maintaining regular and meaningful contact between the Illinois-based assigned caseworker and the minor as required under subsections (d) and (e) of Section 7.30 of the Children and Family Services Act;

(6) the minor's expressed preferences regarding the placement, and for youth age 8 or older, the Department's consideration of this preference in accordance with subsections (d) and (e) of Section 7.31 of the Children and Family Services Act; and

(7) if the minor's circumstances necessitate such appointment under subsection (d) or (e) of Section 7.30 of the Children and Family Services Act, a request that the court appoint legal counsel for the minor as required under Section 2-17.5 of this Act.

If paragraph (7) necessitates, the court shall appoint legal counsel for the minor under Section 2-17.5 if the court determines that such appointment is required under subsection (d) or (e) of Section 7.30 of the Children and Family Services Act.

(c) Presumption triggering court review. Upon motion of the minor, the minor's attorney, the guardian ad litem, or the Department, the court shall conduct a review of the out-of-state placement if there is reason to believe that:

(1) the minor's health care needs are at serious risk of not being met by this placement;

(2) the minor will not be able to reasonably access care that would be lawful and medically appropriate under Illinois law and there are not sufficient protective measures to mitigate these circumstances, as required under Section 7.30; or

(3) the public agency that is custodian or guardian of the minor has failed to comply with the requirements of Section 7.30 or 7.31.

(d) Upon review under this Section, the court shall find that the public agency that is custodian or guardian of the minor met or failed to meet the burden required under subsection (c) of Section 7.31 of the Children and Family Services Act. The court shall put in writing the factual basis supporting its determination and enter specific findings based on evidence.

(705 ILCS 405/2-28)

(Text of Section before amendment by P.A. 104-107)

Sec. 2-28. Court review.

(1) The court may require any legal custodian or guardian of the person appointed under this Act to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian, guardian, or the legal custodian's or guardian's agency to make a full and accurate report of the doings of the legal custodian, guardian, or agency on behalf of the minor. The custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs. Upon the hearing of the report the court may remove the custodian or guardian and appoint another in the custodian's or guardian's stead or restore the minor to the custody of the minor's parents or former guardian or custodian. However, custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interests of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor.

(1.5) The public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency's care remains:

(1) in a shelter placement beyond 30 days;

(2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical necessity for the minor's health; or

(3) in a detention center or Department of Juvenile Justice facility solely because the public agency cannot find an appropriate placement for the minor.

The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date.

(1.6) Within 30 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties. Within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. The court shall approve or disapprove the placement. If applicable, the requirements of Sections 2-27.1 and 2-27.2 of this Act and Sections 7.30 and 7.31 of the Children and Family Services Act must also be met. The Department's written report and the court's written determination shall be included in and made part of the case plan for the child. If the child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status and permanency hearing:

(A) demonstrating that ongoing on-going assessment of the strengths and needs of the child continues to support the determination that the child's needs cannot be met through placement in a foster family home, that the placement provides the most effective and appropriate level of care for the child in the least restrictive, appropriate environment, and that the placement is consistent with the short-term and long-term permanency goal for the child, as specified in the permanency plan for the child;

(B) documenting the specific treatment or service needs that should be met for the child in the placement and the length of time the child is expected to need the treatment or services;

(C) the efforts made by the agency to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home; and

(D) beginning July 1, 2025, documenting the Department's efforts regarding ongoing family finding and relative engagement required under Section 2-27.3; and .

(F) if applicable, the efforts made by the public agency that is guardian or custodian of the minor to monitor and mitigate the risk of adverse action, as defined in subsection (b) of Section 7.30, relevant to the child's circumstances in an out-of-state placement.

(2) The first permanency hearing shall be conducted by the judge. Subsequent permanency hearings may be heard by a judge or by hearing officers appointed or approved by the court in the manner set forth in Section 2-28.1 of this Act. The initial hearing shall be held (a) within 12 months from the date temporary custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been terminated in accordance with the procedure described in subsection (5) of Section 2-21, within 30 days of the order for termination of parental rights and appointment of a guardian with power to consent to adoption, or (c) in accordance with subsection (2) of Section 2-13.1. Subsequent permanency hearings shall be held every 6 months or more frequently if necessary in the court's determination following the initial permanency hearing, in accordance with the standards set forth in this Section, until the court determines that the plan and goal have been achieved. Once the plan and goal have been achieved, if the minor remains in substitute care, the case shall be reviewed at least every 6 months thereafter, subject to the provisions of this Section, unless the minor is placed in the guardianship of a suitable relative or other person and the court determines that further monitoring by the court does not further the health, safety, or best interest of the child and that this is a stable permanent placement. The permanency hearings must occur within the time frames set forth in this subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this written report means the one required under the next paragraph and does not mean the service plan also referred to in that paragraph).

The public agency that is the custodian or guardian of the minor, or another agency responsible for the minor's care, shall ensure that all parties to the permanency hearings are provided a copy of the most recent service plan prepared within the prior 6 months at least 14 days in advance of the hearing. If not contained in the agency's service plan, the agency shall also include a report setting forth the following:

(A) any special physical, psychological, educational, medical, emotional, or other needs of the minor or the minor's family that are relevant to a permanency or placement determination, and for any minor age 16 or over, a written description of the programs and services that will enable the minor to prepare for independent living;

(B) beginning July 1, 2025, a written description of ongoing family finding and relative engagement efforts in accordance with the requirements under Section 2-27.3 the agency has undertaken since the most recent report to the court to plan for the emotional and legal permanency of the minor;

(C) whether a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor's safety and well-being. The report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor's needs are met in the facility;

(C-1) if the minor is placed outside the State of Illinois in a jurisdiction in which the minor is at risk of adverse action as defined in subsection (b) of Section 7.30 of the Children and Family Services Act based on the minor's identified needs, an explanation of the adverse action and efforts made by the public agency that is custodian or guardian of the minor to meet its obligations as under Section 7.30 of the Children and Family Services Act;

(C-2) an explanation of the minor's expressed preferences regarding placement, and for youth age 8 or older, whether the burden was met in consideration of this preference in accordance with subsections (d) and (e) of Section 7.31 of the Children and Family Services Act; and

(D) detail regarding what progress or lack of progress the parent has made in correcting the conditions requiring the child to be in care; whether the child can be returned home without jeopardizing the child's health, safety, and welfare, what permanency goal is recommended to be in the best interests of the child, and the reasons for the recommendation. If a permanency goal under paragraph (A), (B), or (B-1) of subsection (2.3) have been deemed inappropriate and not in the minor's best interest, the report must include the following information:

(i) confirmation that the caseworker has discussed the permanency options and subsidies available for guardianship and adoption with the minor's caregivers, the minor's parents, as appropriate, and has discussed the available permanency options with the minor in an age-appropriate manner;

(ii) confirmation that the caseworker has discussed with the minor's caregivers, the minor's parents, as appropriate, and the minor as age-appropriate, the distinctions between guardianship and adoption, including, but not limited to, that guardianship does not require termination of the parent's rights or the consent of the parent;

(iii) a description of the stated preferences and concerns, if any, the minor, the parent as appropriate, and the caregiver expressed relating to the options of guardianship and adoption, and the reasons for the preferences;

(iv) if the minor is not currently in a placement that will provide permanency, identification of all persons presently willing and able to provide permanency to the minor through either guardianship or adoption, and beginning July 1, 2025, if none are available, a description of the efforts made in accordance with Section 2-27.3; and

(v) state the recommended permanency goal, why that goal is recommended, and why the other potential goals were not recommended.

The caseworker must appear and testify at the permanency hearing. If a permanency hearing has not previously been scheduled by the court, the moving party shall move for the setting of a permanency hearing and the entry of an order within the time frames set forth in this subsection.

(2.3) At the permanency hearing, the court shall determine the permanency goal of the child. The court shall set one of the following permanency goals:

(A) The minor will be returned home by a specific date within 5 months.

(B) The minor will be in short-term care with a continued goal to return home within a period not to exceed one year, where the progress of the parent or parents is substantial giving particular consideration to the age and individual needs of the minor.

(B-1) The minor will be in short-term care with a continued goal to return home pending a status hearing. When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.

If the court has determined that goals (A), (B), and (B-1) are not appropriate and not in the minor's best interest, the court may select one of the following goals: (C), (D), (E), (F), (G), or (H) for the minor as appropriate and based on the best interests of the minor. The court shall determine the appropriate goal for the minor based on best interest factors and any considerations outlined in that goal.

(C) The guardianship of the minor shall be transferred to an individual or couple on a permanent basis. Prior to changing the goal to guardianship, the court shall consider the following:

(i) whether the agency has discussed adoption and guardianship with the caregiver and what preference, if any, the caregiver has as to the permanency goal;

(ii) whether the agency has discussed adoption and guardianship with the minor, as age-appropriate, and what preference, if any, the minor has as to the permanency goal;

(iii) whether the minor is of sufficient age to remember the minor's parents and if the child values this familial identity;

(iv) whether the minor is placed with a relative, and beginning July 1, 2025, whether the minor is placed in a relative home as defined in Section 4d of the Children and Family Services Act or in a certified relative caregiver home as defined in Section 2.36 of the Child Care Act of 1969; and

(v) whether the parent or parents have been informed about guardianship and adoption, and, if appropriate, what preferences, if any, the parent or parents have as to the permanency goal.

(D) The minor will be in substitute care pending court determination on termination of parental rights. Prior to changing the goal to substitute care pending court determination on termination of parental rights, the court shall consider the following:

(i) whether the agency has discussed adoption and guardianship with the caregiver and what preference, if any, the caregiver has as to the permanency goal;

(ii) whether the agency has discussed adoption and guardianship with the minor, as age-appropriate, and what preference, if any, the minor has as to the permanency goal;

(iii) whether the minor is of sufficient age to remember the minor's parents and if the child values this familial identity;

(iv) whether the minor is placed with a relative, and beginning July 1, 2025, whether the minor is placed in a relative home as defined in Section 4d of the Children and Family Services Act, in a certified relative caregiver home as defined in Section 2.36 of the Child Care Act of 1969;

(v) whether the minor is already placed in a pre-adoptive home, and if not, whether such a home has been identified; and

(vi) whether the parent or parents have been informed about guardianship and adoption, and, if appropriate, what preferences, if any, the parent or parents have as to the permanency goal.

(E) Adoption, provided that parental rights have been terminated or relinquished.

(F) Provided that permanency goals (A) through (E) have been deemed inappropriate and not in the minor's best interests, the minor over age 15 will be in substitute care pending independence. In selecting this permanency goal, the Department of Children and Family Services may provide services to enable reunification and to strengthen the minor's connections with family, fictive kin, and other responsible adults, provided the services are in the minor's best interest. The services shall be documented in the service plan.

(G) The minor will be in substitute care because the minor cannot be provided for in a home environment due to developmental disabilities or mental illness or because the minor is a danger to self or others, provided that goals (A) through (E) have been deemed inappropriate and not in the child's best interests.

In selecting any permanency goal, the court shall indicate in writing the reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest. Where the court has selected a permanency goal other than (A), (B), or (B-1), the Department of Children and Family Services shall not provide further reunification services, except as provided in paragraph (F) of this subsection (2.3), but shall provide services consistent with the goal selected.

(H) Notwithstanding any other provision in this Section, the court may select the goal of continuing foster care as a permanency goal if:

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

(2) The court has deemed all other permanency goals inappropriate based on the child's best interest;

(3) The court has found compelling reasons, based on written documentation reviewed by the court, to place the minor in continuing foster care. Compelling reasons include:

(a) the child does not wish to be adopted or to be placed in the guardianship of the minor's relative, certified relative caregiver, or foster care placement;

(b) the child exhibits an extreme level of need such that the removal of the child from the minor's placement would be detrimental to the child; or

(c) the child 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 subject child's sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is in the subject child's best interest, including long-term emotional interest, as compared with the legal and emotional benefit of permanence;

(4) The child has lived with the relative, certified relative caregiver, or foster parent for at least one year; and

(5) The relative, certified relative caregiver, or foster parent currently caring for the child is willing and capable of providing the child with a stable and permanent environment.

(2.4) The court shall set a permanency goal that is in the best interest of the child. In determining that goal, the court shall consult with the minor in an age-appropriate manner regarding the proposed permanency or transition plan for the minor. The court's determination shall include the following factors:

(A) Age of the child.

(B) Options available for permanence, including both out-of-state and in-state placement options.

(C) Current placement of the child and the intent of the family regarding subsidized guardianship and adoption.

(D) Emotional, physical, and mental status or condition of the child.

(E) Types of services previously offered and whether or not the services were successful and, if not successful, the reasons the services failed.

(F) Availability of services currently needed and whether the services exist.

(G) Status of siblings of the minor.

(H) If the minor is not currently in a placement likely to achieve permanency, whether there is an identified and willing potential permanent caregiver for the minor, and if so, that potential permanent caregiver's intent regarding guardianship and adoption.

The court shall consider (i) the permanency goal contained in the service plan, (ii) the appropriateness of the services contained in the plan and whether those services have been provided, (iii) whether reasonable efforts have been made by all the parties to the service plan to achieve the goal, and (iv) whether the plan and goal have been achieved. All evidence relevant to determining these questions, including oral and written reports, may be admitted and may be relied on to the extent of their probative value.

The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting Act, any portion of the service plan compels a child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. The services contained in the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the child from the home of the child's parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the child home. Any tasks the court requires of the parents, guardian, or legal custodian or child prior to returning the child home must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect.

If the permanency goal is to return home, the court shall make findings that identify any problems that are causing continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems. The court shall explain to the parents that these findings are based on the information that the court has at that time and may be revised, should additional evidence be presented to the court.

The court shall review the Sibling Contact Support Plan developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan is not in the child's best interest, the court may enter an order requiring the Department to develop, modify, or implement a Sibling Contact Support Plan, or order mediation.

The Beginning July 1, 2025, the court shall review the Ongoing Family Finding and Relative Engagement Plan required under Section 2-27.3. If the court finds that the plan is not in the minor's best interest, the court shall enter specific factual findings and order the Department to modify the plan consistent with the court's findings.

If the goal has been achieved, the court shall enter orders that are necessary to conform the minor's legal custody and status to those findings.

If, after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. The new service plan shall be filed with the court and served on all parties within 45 days of the date of the order. The court shall continue the matter until the new service plan is filed. Except as authorized by subsection (2.5) of this Section and as otherwise specifically authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan.

A guardian or custodian appointed by the court pursuant to this Act shall file updated case plans with the court every 6 months.

Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief by mandamus filed in any proceedings brought under this Act.

(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule.

(3) Following the permanency hearing, the court shall enter a written order that includes the determinations required under subsections (2) and (2.3) of this Section and sets forth the following:

(a) The future status of the minor, including the permanency goal, and any order necessary to conform the minor's legal custody and status to such determination; or

(b) If the permanency goal of the minor cannot be achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and Family Services or other agency for short-term placement, and the following determinations:

(i) (Blank).

(ii) Whether the services required by the court and by any service plan prepared within the prior 6 months have been provided and (A) if so, whether the services were reasonably calculated to facilitate the achievement of the permanency goal or (B) if not provided, why the services were not provided.

(iii) Whether the minor's current or planned placement is necessary, and appropriate to the plan and goal, recognizing the right of minors to the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the health, safety, best interest, and special needs of the minor and, if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, and best interest of the minor and, if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, well-being, and best interest of the minor with sufficient protective measures or efforts taken by the public agency that is the custodian or guardian of the minor as required under Section 7.30 of the Children and Family Services Act.

(iv) (Blank).

(v) (Blank).

(4) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of the minor's parents or former guardian or custodian.

When return home is not selected as the permanency goal:

(a) The Department, the minor, or the current foster parent or relative caregiver seeking private guardianship may file a motion for private guardianship of the minor. Appointment of a guardian under this Section requires approval of the court.

(b) The State's Attorney may file a motion to terminate parental rights of any parent who has failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child, as defined in subdivision (D)(m) of Section 1 of the Adoption Act or for whom any other unfitness ground for terminating parental rights as defined in subdivision (D) of Section 1 of the Adoption Act exists.

When parental rights have been terminated for a minimum of 3 years and the child who is the subject of the permanency hearing is 13 years old or older and is not currently placed in a placement likely to achieve permanency, the Department of Children and Family Services shall make reasonable efforts to locate parents whose rights have been terminated, except when the Court determines that those efforts would be futile or inconsistent with the subject child's best interests. The Department of Children and Family Services shall assess the appropriateness of the parent whose rights have been terminated, and shall, as appropriate, foster and support connections between the parent whose rights have been terminated and the youth. The Department of Children and Family Services shall document its determinations and efforts to foster connections in the child's case plan.

Custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interest of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the health, safety, and best interest of the minor and the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor. If a motion is filed to modify or vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination. In the event that the minor has attained 18 years of age and the guardian or custodian petitions the court for an order terminating the minor's guardianship or custody, guardianship or custody shall terminate automatically 30 days after the receipt of the petition unless the court orders otherwise. No legal custodian or guardian of the person may be removed without the legal custodian's or guardian's consent until given notice and an opportunity to be heard by the court.

When the court orders a child restored to the custody of the parent or parents, the court shall order the parent or parents to cooperate with the Department of Children and Family Services and comply with the terms of an aftercare after-care plan, or risk the loss of custody of the child and possible termination of their parental rights. The court may also enter an order of protective supervision in accordance with Section 2-24.

If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision entered in accordance with Section 2-24.

(5) Whenever a parent, guardian, or legal custodian files a motion for restoration of custody of the minor, and the minor was adjudicated neglected, abused, or dependent as a result of physical abuse, the court shall cause to be made an investigation as to whether the movant has ever been charged with or convicted of any criminal offense which would indicate the likelihood of any further physical abuse to the minor. Evidence of such criminal convictions shall be taken into account in determining whether the minor can be cared for at home without endangering the minor's health or safety and fitness of the parent, guardian, or legal custodian.

(a) Any agency of this State or any subdivision thereof shall cooperate with the agent of the court in providing any information sought in the investigation.

(b) The information derived from the investigation and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or contest its significance.

(c) All information obtained from any investigation shall be confidential as provided in Section 5-150 of this Act.

(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff. 2-5-25; 104-2, eff. 6-16-25; revised 8-20-25.)

(Text of Section after amendment by P.A. 104-107)

Sec. 2-28. Court review.

(1) The court may require any legal custodian or guardian of the person appointed under this Act to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian, guardian, or the legal custodian's or guardian's agency to make a full and accurate report of the doings of the legal custodian, guardian, or agency on behalf of the minor. The custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs. Upon the hearing of the report the court may remove the custodian or guardian and appoint another in the custodian's or guardian's stead or restore the minor to the custody of the minor's parents or former guardian or custodian. However, custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interests of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor.

(1.5) The public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency's care remains:

(1) in a shelter placement beyond 30 days;

(2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical necessity for the minor's health; or

(3) in a detention center or Department of Juvenile Justice facility solely because the public agency cannot find an appropriate placement for the minor.

The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date.

(1.6) Within 30 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties. Within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. The court shall approve or disapprove the placement. If applicable, the requirements of Sections 2-27.1 and 2-27.2 of the Act and Sections 7.30 and 7.31 of the Children and Family Services Act must also be met. The Department's written report and the court's written determination shall be included in and made part of the case plan for the child. If the child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status and permanency hearing:

(A) demonstrating that ongoing on-going assessment of the strengths and needs of the child continues to support the determination that the child's needs cannot be met through placement in a foster family home, that the placement provides the most effective and appropriate level of care for the child in the least restrictive, appropriate environment, and that the placement is consistent with the short-term and long-term permanency goal for the child, as specified in the permanency plan for the child;

(B) documenting the specific treatment or service needs that should be met for the child in the placement and the length of time the child is expected to need the treatment or services;

(C) detailing the efforts made by the agency to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home;

(D) beginning July 1, 2025, documenting the Department's efforts regarding ongoing family finding and relative engagement required under Section 2-27.3; and

(E) detailing efforts to ensure the minor is engaged in age and developmentally appropriate activities to develop life skills, which may include extracurricular activities, coaching by caregivers, or instruction in individual or group settings. For minors who have participated in life skills assessments, the results of such assessments and how the minor's identified needs are being addressed; and .

(F) if applicable, the efforts made by the public agency that is guardian or custodian of the minor to monitor and mitigate the risk of adverse action, as defined in subsection (b) of Section 7.30, relevant to the child's circumstances in an out-of-state placement.

(2) The first permanency hearing shall be conducted by the judge. Subsequent permanency hearings may be heard by a judge or by hearing officers appointed or approved by the court in the manner set forth in Section 2-28.1 of this Act. The initial hearing shall be held (a) within 12 months from the date temporary custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been terminated in accordance with the procedure described in subsection (5) of Section 2-21, within 30 days of the order for termination of parental rights and appointment of a guardian with power to consent to adoption, or (c) in accordance with subsection (2) of Section 2-13.1. Subsequent permanency hearings shall be held every 6 months or more frequently if necessary in the court's determination following the initial permanency hearing, in accordance with the standards set forth in this Section, until the court determines that the plan and goal have been achieved. Once the plan and goal have been achieved, if the minor remains in substitute care, the case shall be reviewed at least every 6 months thereafter, subject to the provisions of this Section, unless the minor is placed in the guardianship of a suitable relative or other person and the court determines that further monitoring by the court does not further the health, safety, or best interest of the child and that this is a stable permanent placement. The permanency hearings must occur within the time frames set forth in this subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this written report means the one required under the next paragraph and does not mean the service plan also referred to in that paragraph).

The public agency that is the custodian or guardian of the minor, or another agency responsible for the minor's care, shall ensure that all parties to the permanency hearings are provided a copy of the most recent service plan prepared within the prior 6 months at least 14 days in advance of the hearing. If not contained in the agency's service plan, the agency shall also include a report setting forth the following:

(A) any special physical, psychological, educational, medical, emotional, or other needs of the minor or the minor's family that are relevant to a permanency or placement determination, and for any minor age 16 or over, a written description of the programs and services that will enable the minor to prepare for independent living;

(B) beginning July 1, 2025, a written description of ongoing family finding and relative engagement efforts in accordance with the requirements under Section 2-27.3 the agency has undertaken since the most recent report to the court to plan for the emotional and legal permanency of the minor;

(C) whether a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor's safety and well-being. The report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor's needs are met in the facility;

(C-1) if the minor is placed outside the State of Illinois in a jurisdiction in which the minor is at risk of adverse action as defined in subsection (b) of Section 7.30 of the Children and Family Services Act based on the minor's identified needs, an explanation of the adverse action and the efforts made by the public agency that is the custodian or guardian of the minor to meet its obligations under Section 7.30 of the Children and Family Services Act;

(C-2) an explanation of the minor's expressed preferences regarding placement, and for youth age 8 or older, whether the burden was met in consideration of this preference in accordance with subsections (d) and (e) of Section 7.31 of the Children and Family Services Act; and

(D) detail regarding what progress or lack of progress the parent has made in correcting the conditions requiring the child to be in care; whether the child can be returned home without jeopardizing the child's health, safety, and welfare, what permanency goal is recommended to be in the best interests of the child, and the reasons for the recommendation. If a permanency goal under paragraph (A), (B), or (B-1) of subsection (2.3) have been deemed inappropriate and not in the minor's best interest, the report must include the following information:

(i) confirmation that the caseworker has discussed the permanency options and subsidies available for guardianship and adoption with the minor's caregivers, the minor's parents, as appropriate, and has discussed the available permanency options with the minor in an age-appropriate manner;

(ii) confirmation that the caseworker has discussed with the minor's caregivers, the minor's parents, as appropriate, and the minor as age-appropriate, the distinctions between guardianship and adoption, including, but not limited to, that guardianship does not require termination of the parent's rights or the consent of the parent;

(iii) a description of the stated preferences and concerns, if any, the minor, the parent as appropriate, and the caregiver expressed relating to the options of guardianship and adoption, and the reasons for the preferences;

(iv) if the minor is not currently in a placement that will provide permanency, identification of all persons presently willing and able to provide permanency to the minor through either guardianship or adoption, and beginning July 1, 2025, if none are available, a description of the efforts made in accordance with Section 2-27.3; and

(v) state the recommended permanency goal, why that goal is recommended, and why the other potential goals were not recommended.

The caseworker must appear and testify at the permanency hearing. If a permanency hearing has not previously been scheduled by the court, the moving party shall move for the setting of a permanency hearing and the entry of an order within the time frames set forth in this subsection.

(2.3) At the permanency hearing, the court shall determine the permanency goal of the child. The court shall set one of the following permanency goals:

(A) The minor will be returned home by a specific date within 5 months.

(B) The minor will be in short-term care with a continued goal to return home within a period not to exceed one year, where the progress of the parent or parents is substantial giving particular consideration to the age and individual needs of the minor.

(B-1) The minor will be in short-term care with a continued goal to return home pending a status hearing. When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.

If the court has determined that goals (A), (B), and (B-1) are not appropriate and not in the minor's best interest, the court may select one of the following goals: (C), (D), (E), (F), (G), or (H) for the minor as appropriate and based on the best interests of the minor. The court shall determine the appropriate goal for the minor based on best interest factors and any considerations outlined in that goal.

(C) The guardianship of the minor shall be transferred to an individual or couple on a permanent basis. Prior to changing the goal to guardianship, the court shall consider the following:

(i) whether the agency has discussed adoption and guardianship with the caregiver and what preference, if any, the caregiver has as to the permanency goal;

(ii) whether the agency has discussed adoption and guardianship with the minor, as age-appropriate, and what preference, if any, the minor has as to the permanency goal;

(iii) whether the minor is of sufficient age to remember the minor's parents and if the child values this familial identity;

(iv) whether the minor is placed with a relative, and beginning July 1, 2025, whether the minor is placed in a relative home as defined in Section 4d of the Children and Family Services Act or in a certified relative caregiver home as defined in Section 2.36 of the Child Care Act of 1969; and

(v) whether the parent or parents have been informed about guardianship and adoption, and, if appropriate, what preferences, if any, the parent or parents have as to the permanency goal.

(D) The minor will be in substitute care pending court determination on termination of parental rights. Prior to changing the goal to substitute care pending court determination on termination of parental rights, the court shall consider the following:

(i) whether the agency has discussed adoption and guardianship with the caregiver and what preference, if any, the caregiver has as to the permanency goal;

(ii) whether the agency has discussed adoption and guardianship with the minor, as age-appropriate, and what preference, if any, the minor has as to the permanency goal;

(iii) whether the minor is of sufficient age to remember the minor's parents and if the child values this familial identity;

(iv) whether the minor is placed with a relative, and beginning July 1, 2025, whether the minor is placed in a relative home as defined in Section 4d of the Children and Family Services Act, in a certified relative caregiver home as defined in Section 2.36 of the Child Care Act of 1969;

(v) whether the minor is already placed in a pre-adoptive home, and if not, whether such a home has been identified; and

(vi) whether the parent or parents have been informed about guardianship and adoption, and, if appropriate, what preferences, if any, the parent or parents have as to the permanency goal.

(E) Adoption, provided that parental rights have been terminated or relinquished.

(F) Provided that permanency goals (A) through (E) have been deemed inappropriate and not in the minor's best interests, the minor over age 15 will be in substitute care pending independence. In selecting this permanency goal, the Department of Children and Family Services may provide services to enable reunification and to strengthen the minor's connections with family, fictive kin, and other responsible adults, provided the services are in the minor's best interest. The services shall be documented in the service plan.

(G) The minor will be in substitute care because the minor cannot be provided for in a home environment due to developmental disabilities or mental illness or because the minor is a danger to self or others, provided that goals (A) through (E) have been deemed inappropriate and not in the child's best interests.

In selecting any permanency goal, the court shall indicate in writing the reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest. Where the court has selected a permanency goal other than (A), (B), or (B-1), the Department of Children and Family Services shall not provide further reunification services, except as provided in paragraph (F) of this subsection (2.3), but shall provide services consistent with the goal selected.

(H) Notwithstanding any other provision in this Section, the court may select the goal of continuing foster care as a permanency goal if:

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

(2) The court has deemed all other permanency goals inappropriate based on the child's best interest;

(3) The court has found compelling reasons, based on written documentation reviewed by the court, to place the minor in continuing foster care. Compelling reasons include:

(a) the child does not wish to be adopted or to be placed in the guardianship of the minor's relative, certified relative caregiver, or foster care placement;

(b) the child exhibits an extreme level of need such that the removal of the child from the minor's placement would be detrimental to the child; or

(c) the child 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 subject child's sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is in the subject child's best interest, including long-term emotional interest, as compared with the legal and emotional benefit of permanence;

(4) The child has lived with the relative, certified relative caregiver, or foster parent for at least one year; and

(5) The relative, certified relative caregiver, or foster parent currently caring for the child is willing and capable of providing the child with a stable and permanent environment.

(2.4) The court shall set a permanency goal that is in the best interest of the child. In determining that goal, the court shall consult with the minor in an age-appropriate manner regarding the proposed permanency or transition plan for the minor. The court's determination shall include the following factors:

(A) Age of the child.

(B) Options available for permanence, including both out-of-state and in-state placement options.

(C) Current placement of the child and the intent of the family regarding subsidized guardianship and adoption.

(D) Emotional, physical, and mental status or condition of the child.

(E) Types of services previously offered and whether or not the services were successful and, if not successful, the reasons the services failed.

(F) Availability of services currently needed and whether the services exist.

(G) Status of siblings of the minor.

(H) If the minor is not currently in a placement likely to achieve permanency, whether there is an identified and willing potential permanent caregiver for the minor, and if so, that potential permanent caregiver's intent regarding guardianship and adoption.

The court shall consider (i) the permanency goal contained in the service plan, (ii) the appropriateness of the services contained in the plan and whether those services have been provided, (iii) whether reasonable efforts have been made by all the parties to the service plan to achieve the goal, and (iv) whether the plan and goal have been achieved. All evidence relevant to determining these questions, including oral and written reports, may be admitted and may be relied on to the extent of their probative value.

The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting Act, any portion of the service plan compels a child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. The services contained in the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the child from the home of the child's parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the child home. Any tasks the court requires of the parents, guardian, or legal custodian or child prior to returning the child home must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect.

If the permanency goal is to return home, the court shall make findings that identify any problems that are causing continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems. The court shall explain to the parents that these findings are based on the information that the court has at that time and may be revised, should additional evidence be presented to the court.

The court shall review the Sibling Contact Support Plan developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan is not in the child's best interest, the court may enter an order requiring the Department to develop, modify, or implement a Sibling Contact Support Plan, or order mediation.

The court shall review the Department's efforts to provide the minor with age and developmentally appropriate life skills. If the court finds the Department's efforts are not in the minor's best interest, the court may enter an order requiring the Department to develop, modify, or implement the service plan to develop the minor's life skills in an age and developmentally appropriate manner.

The Beginning July 1, 2025, the court shall review the Ongoing Family Finding and Relative Engagement Plan required under Section 2-27.3. If the court finds that the plan is not in the minor's best interest, the court shall enter specific factual findings and order the Department to modify the plan consistent with the court's findings.

If the goal has been achieved, the court shall enter orders that are necessary to conform the minor's legal custody and status to those findings.

If, after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. The new service plan shall be filed with the court and served on all parties within 45 days of the date of the order. The court shall continue the matter until the new service plan is filed. Except as authorized by subsection (2.5) of this Section and as otherwise specifically authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan.

A guardian or custodian appointed by the court pursuant to this Act shall file updated case plans with the court every 6 months.

Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief by mandamus filed in any proceedings brought under this Act.

(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule.

(3) Following the permanency hearing, the court shall enter a written order that includes the determinations required under subsections (2) and (2.3) of this Section and sets forth the following:

(a) The future status of the minor, including the permanency goal, and any order necessary to conform the minor's legal custody and status to such determination; or

(b) If the permanency goal of the minor cannot be achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and Family Services or other agency for short-term placement, and the following determinations:

(i) (Blank).

(ii) Whether the services required by the court and by any service plan prepared within the prior 6 months have been provided and (A) if so, whether the services were reasonably calculated to facilitate the achievement of the permanency goal or (B) if not provided, why the services were not provided.

(iii) Whether the minor's current or planned placement is necessary, and appropriate to the plan and goal, recognizing the right of minors to the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the health, safety, best interest, and special needs of the minor and, if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, and best interest of the minor, and if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, well-being, and best interest of the minor with sufficient protective measures or efforts taken by the public agency that is the custodian or guardian of the minor as required under Section 7.30 of the Children and Family Services Act.

(iv) (Blank).

(v) (Blank).

If the court sets a permanency goal of independence or if the minor is 17 years of age or older, the court shall schedule a Successful Transition to Adulthood Review hearing in accordance with Section 2-28.2.

(4) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of the minor's parents or former guardian or custodian.

When return home is not selected as the permanency goal:

(a) The Department, the minor, or the current foster parent or relative caregiver seeking private guardianship may file a motion for private guardianship of the minor. Appointment of a guardian under this Section requires approval of the court.

(b) The State's Attorney may file a motion to terminate parental rights of any parent who has failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child, as defined in subdivision (D)(m) of Section 1 of the Adoption Act or for whom any other unfitness ground for terminating parental rights as defined in subdivision (D) of Section 1 of the Adoption Act exists.

When parental rights have been terminated for a minimum of 3 years and the child who is the subject of the permanency hearing is 13 years old or older and is not currently placed in a placement likely to achieve permanency, the Department of Children and Family Services shall make reasonable efforts to locate parents whose rights have been terminated, except when the Court determines that those efforts would be futile or inconsistent with the subject child's best interests. The Department of Children and Family Services shall assess the appropriateness of the parent whose rights have been terminated, and shall, as appropriate, foster and support connections between the parent whose rights have been terminated and the youth. The Department of Children and Family Services shall document its determinations and efforts to foster connections in the child's case plan.

Custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interest of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the health, safety, and best interest of the minor and the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor. If a motion is filed to modify or vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination. In the event that the minor has attained 18 years of age and the guardian or custodian petitions the court for an order terminating the minor's guardianship or custody, guardianship or custody shall terminate automatically 30 days after the receipt of the petition unless the court orders otherwise. No legal custodian or guardian of the person may be removed without the legal custodian's or guardian's consent until given notice and an opportunity to be heard by the court.

When the court orders a child restored to the custody of the parent or parents, the court shall order the parent or parents to cooperate with the Department of Children and Family Services and comply with the terms of an aftercare after-care plan, or risk the loss of custody of the child and possible termination of their parental rights. The court may also enter an order of protective supervision in accordance with Section 2-24.

If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision entered in accordance with Section 2-24.

(5) Whenever a parent, guardian, or legal custodian files a motion for restoration of custody of the minor, and the minor was adjudicated neglected, abused, or dependent as a result of physical abuse, the court shall cause to be made an investigation as to whether the movant has ever been charged with or convicted of any criminal offense which would indicate the likelihood of any further physical abuse to the minor. Evidence of such criminal convictions shall be taken into account in determining whether the minor can be cared for at home without endangering the minor's health or safety and fitness of the parent, guardian, or legal custodian.

(a) Any agency of this State or any subdivision thereof shall cooperate with the agent of the court in providing any information sought in the investigation.

(b) The information derived from the investigation and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or contest its significance.

(c) All information obtained from any investigation shall be confidential as provided in Section 5-150 of this Act.

(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff. 2-5-25; 104-2, eff. 6-16-25; 104-107, eff. 7-1-26; revised 8-20-25.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect July 1, 2027.