SB2895 104TH GENERAL ASSEMBLY

LRB104 15319 KTG 28473 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2895

Introduced 1/16/2026, by Sen. Darby A. Hills

SYNOPSIS AS INTRODUCED:

New Act

Creates the Healing Through History Act. Requires the Department of Healthcare and Family Services to provide prospective adoptive families, no less than 30 days prior to adoption finalization, with a complete, unredacted copy of the child's full case record, including, but not limited to: (i) all placement histories and foster home records; (ii) all caseworker notes and observations; (iii) all educational, psychological, and behavioral reports; (iv) all therapy or counseling notes, subject to certain federal requirements; and (v) all medical records in full, including historical records. Provides that former foster youth aged 18 or older are entitled to receive the same information and records at no cost in both physical and digital form. Contains provisions concerning ongoing record access post-adoption or post-emancipation; the development of Department protocols and infrastructure necessary to collect, preserve, and transmit full child records; exemption and confidentiality protections; federal disclosure requirements; and other matters. Effective January 1, 2026.

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Healing Through History Act.

Section 5. Legislative purpose and findings.

(a) The General Assembly finds that:

(1) Children in the foster care system often experience multiple placements and interactions with State agencies, medical providers, schools, caseworkers, and foster families.

(2) Comprehensive records of a child's time in foster care, including case notes, foster home history, behavioral reports, educational documents, therapy notes, and placement disruptions, are maintained by the State but not consistently disclosed.

(3) Upon adoption or upon a youth aging out of care, these records are critical to ensuring the child or adoptive family has full knowledge of the child's experiences, medical history, trauma, and needs.

(4) The current standard practice in Illinois of releasing limited records (primarily basic medical information and biological parent history) fails to meet the informational needs of adoptive families and former foster youth.

(5) Withholding of these records can impede trauma-informed care, continuity of medical and mental health services, and overall well-being.

(b) It is the intent of this Act to ensure that all available case files, documents, and information pertaining to a child in foster care are made accessible in full to adoptive families at the time of adoption, and to former foster youth who age out of the system.

Section 10. Disclosure requirements.

(a) Mandatory full disclosure prior to adoption finalization. The Department of Children and Family Services shall provide prospective adoptive families, no less than 30 days prior to adoption finalization, with a complete, unredacted copy of the child's full case record, including, but not limited to:

(1) All placement histories and foster home records.

(2) All caseworker notes and observations.

(3) All educational, psychological, and behavioral reports.

(4) All therapy or counseling notes (with licensed provider approval if required under the Health Insurance Portability and Accountability Act).

(5) All medical records in full, including historical records.

(6) All safety plans, incident reports, and notes from removal or intervention episodes.

(7) All communications or concerns from previous foster placements.

(b) Mandatory full disclosure to youth aging out of care. Any youth who ages out of the Illinois foster care system at age 18 or older shall be entitled to receive the same full and complete record outlined in subsection (a), provided at no cost, in both physical and digital form.

(c) Ongoing record access. If additional documents are created or discovered post-adoption or post-emancipation, the Department must notify and make them available to the adoptive family or former foster youth.

Section 15. Implementation and enforcement.

(a) The Department of Children and Family Services shall develop protocols and infrastructure necessary to collect, preserve, and transmit full child records in a timely and secure manner.

(b) A dedicated point of contact shall be established within the Department of Children and Family Services to manage compliance with this Act.

(c) Failure to comply with these provisions may be subject to administrative penalties and entitle adoptive families or former foster youth to seek redress or file a complaint.

Section 20. Exemptions and confidentiality protections.

(a) Sensitive personal information of third parties, such as other foster children and unrelated individuals, may be redacted to protect privacy, provided it does not compromise the integrity of the child's case record.

(b) All disclosures must comply with the Health Insurance Portability and Accountability Act, the Family Education Rights and Privacy Act, and any other applicable federal laws, though such regulations shall not be interpreted to prevent full disclosure to legal guardians or to the youth themselves upon emancipation.

Section 99. Effective date. This Act takes effect January 1, 2026.