97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3767

 

Introduced 2/10/2012, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/5  from Ch. 23, par. 5005

    Amends the Children and Family Services Act. Requires the Department of Children and Family Services to file in the appropriate circuit court a petition requesting the appointment of the Office of State Guardian as guardian of any person with an intellectual or developmental disability who has reached the age of 21 and is receiving child residential services in a facility licensed by the Department. Provides that, if appointed by the court, the State Guardian shall serve as guardian of the person from the date upon which the person reaches the age of 21 until the day before his or her 22nd birthday. Requires the Department to file its petition in a timely manner to ensure that guardianship, if granted by the court, commences on the date of the affected person's 21st birthday. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3767LRB097 17631 KTG 62838 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State who
13    are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of
17        1987, as amended, prior to the age of 18 and who
18        continue under the jurisdiction of the court; or
19            (B) were accepted for care, service and training by
20        the Department prior to the age of 18 and whose best
21        interest in the discretion of the Department would be
22        served by continuing that care, service and training
23        because of severe emotional disturbances, physical

 

 

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1        disability, social adjustment or any combination
2        thereof, or because of the need to complete an
3        educational or vocational training program.
4        (2) "Homeless youth" means persons found within the
5    State who are under the age of 19, are not in a safe and
6    stable living situation and cannot be reunited with their
7    families.
8        (3) "Child welfare services" means public social
9    services which are directed toward the accomplishment of
10    the following purposes:
11            (A) protecting and promoting the health, safety
12        and welfare of children, including homeless, dependent
13        or neglected children;
14            (B) remedying, or assisting in the solution of
15        problems which may result in, the neglect, abuse,
16        exploitation or delinquency of children;
17            (C) preventing the unnecessary separation of
18        children from their families by identifying family
19        problems, assisting families in resolving their
20        problems, and preventing the breakup of the family
21        where the prevention of child removal is desirable and
22        possible when the child can be cared for at home
23        without endangering the child's health and safety;
24            (D) restoring to their families children who have
25        been removed, by the provision of services to the child
26        and the families when the child can be cared for at

 

 

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1        home without endangering the child's health and
2        safety;
3            (E) placing children in suitable adoptive homes,
4        in cases where restoration to the biological family is
5        not safe, possible or appropriate;
6            (F) assuring safe and adequate care of children
7        away from their homes, in cases where the child cannot
8        be returned home or cannot be placed for adoption. At
9        the time of placement, the Department shall consider
10        concurrent planning, as described in subsection (l-1)
11        of this Section so that permanency may occur at the
12        earliest opportunity. Consideration should be given so
13        that if reunification fails or is delayed, the
14        placement made is the best available placement to
15        provide permanency for the child;
16            (G) (blank);
17            (H) (blank); and
18            (I) placing and maintaining children in facilities
19        that provide separate living quarters for children
20        under the age of 18 and for children 18 years of age
21        and older, unless a child 18 years of age is in the
22        last year of high school education or vocational
23        training, in an approved individual or group treatment
24        program, in a licensed shelter facility, or secure
25        child care facility. The Department is not required to
26        place or maintain children:

 

 

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1                (i) who are in a foster home, or
2                (ii) who are persons with a developmental
3            disability, as defined in the Mental Health and
4            Developmental Disabilities Code, or
5                (iii) who are female children who are
6            pregnant, pregnant and parenting or parenting, or
7                (iv) who are siblings, in facilities that
8            provide separate living quarters for children 18
9            years of age and older and for children under 18
10            years of age.
11    (b) Nothing in this Section shall be construed to authorize
12the expenditure of public funds for the purpose of performing
13abortions.
14    (c) The Department shall establish and maintain
15tax-supported child welfare services and extend and seek to
16improve voluntary services throughout the State, to the end
17that services and care shall be available on an equal basis
18throughout the State to children requiring such services.
19    (d) The Director may authorize advance disbursements for
20any new program initiative to any agency contracting with the
21Department. As a prerequisite for an advance disbursement, the
22contractor must post a surety bond in the amount of the advance
23disbursement and have a purchase of service contract approved
24by the Department. The Department may pay up to 2 months
25operational expenses in advance. The amount of the advance
26disbursement shall be prorated over the life of the contract or

 

 

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1the remaining months of the fiscal year, whichever is less, and
2the installment amount shall then be deducted from future
3bills. Advance disbursement authorizations for new initiatives
4shall not be made to any agency after that agency has operated
5during 2 consecutive fiscal years. The requirements of this
6Section concerning advance disbursements shall not apply with
7respect to the following: payments to local public agencies for
8child day care services as authorized by Section 5a of this
9Act; and youth service programs receiving grant funds under
10Section 17a-4.
11    (e) (Blank).
12    (f) (Blank).
13    (g) The Department shall establish rules and regulations
14concerning its operation of programs designed to meet the goals
15of child safety and protection, family preservation, family
16reunification, and adoption, including but not limited to:
17        (1) adoption;
18        (2) foster care;
19        (3) family counseling;
20        (4) protective services;
21        (5) (blank);
22        (6) homemaker service;
23        (7) return of runaway children;
24        (8) (blank);
25        (9) placement under Section 5-7 of the Juvenile Court
26    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

 

 

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1    Court Act of 1987 in accordance with the federal Adoption
2    Assistance and Child Welfare Act of 1980; and
3        (10) interstate services.
4    Rules and regulations established by the Department shall
5include provisions for training Department staff and the staff
6of Department grantees, through contracts with other agencies
7or resources, in alcohol and drug abuse screening techniques
8approved by the Department of Human Services, as a successor to
9the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred to an alcohol and drug abuse treatment program for
12professional evaluation.
13    (h) If the Department finds that there is no appropriate
14program or facility within or available to the Department for a
15ward and that no licensed private facility has an adequate and
16appropriate program or none agrees to accept the ward, the
17Department shall create an appropriate individualized,
18program-oriented plan for such ward. The plan may be developed
19within the Department or through purchase of services by the
20Department to the extent that it is within its statutory
21authority to do.
22    (i) Service programs shall be available throughout the
23State and shall include but not be limited to the following
24services:
25        (1) case management;
26        (2) homemakers;

 

 

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1        (3) counseling;
2        (4) parent education;
3        (5) day care; and
4        (6) emergency assistance and advocacy.
5    In addition, the following services may be made available
6to assess and meet the needs of children and families:
7        (1) comprehensive family-based services;
8        (2) assessments;
9        (3) respite care; and
10        (4) in-home health services.
11    The Department shall provide transportation for any of the
12services it makes available to children or families or for
13which it refers children or families.
14    (j) The Department may provide categories of financial
15assistance and education assistance grants, and shall
16establish rules and regulations concerning the assistance and
17grants, to persons who adopt physically or mentally
18handicapped, older and other hard-to-place children who (i)
19immediately prior to their adoption were legal wards of the
20Department or (ii) were determined eligible for financial
21assistance with respect to a prior adoption and who become
22available for adoption because the prior adoption has been
23dissolved and the parental rights of the adoptive parents have
24been terminated or because the child's adoptive parents have
25died. The Department may continue to provide financial
26assistance and education assistance grants for a child who was

 

 

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1determined eligible for financial assistance under this
2subsection (j) in the interim period beginning when the child's
3adoptive parents died and ending with the finalization of the
4new adoption of the child by another adoptive parent or
5parents. The Department may also provide categories of
6financial assistance and education assistance grants, and
7shall establish rules and regulations for the assistance and
8grants, to persons appointed guardian of the person under
9Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
104-25 or 5-740 of the Juvenile Court Act of 1987 for children
11who were wards of the Department for 12 months immediately
12prior to the appointment of the guardian.
13    The amount of assistance may vary, depending upon the needs
14of the child and the adoptive parents, as set forth in the
15annual assistance agreement. Special purpose grants are
16allowed where the child requires special service but such costs
17may not exceed the amounts which similar services would cost
18the Department if it were to provide or secure them as guardian
19of the child.
20    Any financial assistance provided under this subsection is
21inalienable by assignment, sale, execution, attachment,
22garnishment, or any other remedy for recovery or collection of
23a judgment or debt.
24    (j-5) The Department shall not deny or delay the placement
25of a child for adoption if an approved family is available
26either outside of the Department region handling the case, or

 

 

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1outside of the State of Illinois.
2    (k) The Department shall accept for care and training any
3child who has been adjudicated neglected or abused, or
4dependent committed to it pursuant to the Juvenile Court Act or
5the Juvenile Court Act of 1987.
6    (l) The Department shall offer family preservation
7services, as defined in Section 8.2 of the Abused and Neglected
8Child Reporting Act, to help families, including adoptive and
9extended families. Family preservation services shall be
10offered (i) to prevent the placement of children in substitute
11care when the children can be cared for at home or in the
12custody of the person responsible for the children's welfare,
13(ii) to reunite children with their families, or (iii) to
14maintain an adoptive placement. Family preservation services
15shall only be offered when doing so will not endanger the
16children's health or safety. With respect to children who are
17in substitute care pursuant to the Juvenile Court Act of 1987,
18family preservation services shall not be offered if a goal
19other than those of subdivisions (A), (B), or (B-1) of
20subsection (2) of Section 2-28 of that Act has been set.
21Nothing in this paragraph shall be construed to create a
22private right of action or claim on the part of any individual
23or child welfare agency, except that when a child is the
24subject of an action under Article II of the Juvenile Court Act
25of 1987 and the child's service plan calls for services to
26facilitate achievement of the permanency goal, the court

 

 

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1hearing the action under Article II of the Juvenile Court Act
2of 1987 may order the Department to provide the services set
3out in the plan, if those services are not provided with
4reasonable promptness and if those services are available.
5    The Department shall notify the child and his family of the
6Department's responsibility to offer and provide family
7preservation services as identified in the service plan. The
8child and his family shall be eligible for services as soon as
9the report is determined to be "indicated". The Department may
10offer services to any child or family with respect to whom a
11report of suspected child abuse or neglect has been filed,
12prior to concluding its investigation under Section 7.12 of the
13Abused and Neglected Child Reporting Act. However, the child's
14or family's willingness to accept services shall not be
15considered in the investigation. The Department may also
16provide services to any child or family who is the subject of
17any report of suspected child abuse or neglect or may refer
18such child or family to services available from other agencies
19in the community, even if the report is determined to be
20unfounded, if the conditions in the child's or family's home
21are reasonably likely to subject the child or family to future
22reports of suspected child abuse or neglect. Acceptance of such
23services shall be voluntary. The Department may also provide
24services to any child or family after completion of a family
25assessment, as an alternative to an investigation, as provided
26under the "differential response program" provided for in

 

 

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1subsection (a-5) of Section 7.4 of the Abused and Neglected
2Child Reporting Act.
3    The Department may, at its discretion except for those
4children also adjudicated neglected or dependent, accept for
5care and training any child who has been adjudicated addicted,
6as a truant minor in need of supervision or as a minor
7requiring authoritative intervention, under the Juvenile Court
8Act or the Juvenile Court Act of 1987, but no such child shall
9be committed to the Department by any court without the
10approval of the Department. A minor charged with a criminal
11offense under the Criminal Code of 1961 or adjudicated
12delinquent shall not be placed in the custody of or committed
13to the Department by any court, except (i) a minor less than 15
14years of age committed to the Department under Section 5-710 of
15the Juvenile Court Act of 1987, (ii) a minor for whom an
16independent basis of abuse, neglect, or dependency exists,
17which must be defined by departmental rule, or (iii) a minor
18for whom the court has granted a supplemental petition to
19reinstate wardship pursuant to subsection (2) of Section 2-33
20of the Juvenile Court Act of 1987. An independent basis exists
21when the allegations or adjudication of abuse, neglect, or
22dependency do not arise from the same facts, incident, or
23circumstances which give rise to a charge or adjudication of
24delinquency.
25    As soon as is possible after August 7, 2009 (the effective
26date of Public Act 96-134), the Department shall develop and

 

 

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1implement a special program of family preservation services to
2support intact, foster, and adoptive families who are
3experiencing extreme hardships due to the difficulty and stress
4of caring for a child who has been diagnosed with a pervasive
5developmental disorder if the Department determines that those
6services are necessary to ensure the health and safety of the
7child. The Department may offer services to any family whether
8or not a report has been filed under the Abused and Neglected
9Child Reporting Act. The Department may refer the child or
10family to services available from other agencies in the
11community if the conditions in the child's or family's home are
12reasonably likely to subject the child or family to future
13reports of suspected child abuse or neglect. Acceptance of
14these services shall be voluntary. The Department shall develop
15and implement a public information campaign to alert health and
16social service providers and the general public about these
17special family preservation services. The nature and scope of
18the services offered and the number of families served under
19the special program implemented under this paragraph shall be
20determined by the level of funding that the Department annually
21allocates for this purpose. The term "pervasive developmental
22disorder" under this paragraph means a neurological condition,
23including but not limited to, Asperger's Syndrome and autism,
24as defined in the most recent edition of the Diagnostic and
25Statistical Manual of Mental Disorders of the American
26Psychiatric Association.

 

 

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1    (l-1) The legislature recognizes that the best interests of
2the child require that the child be placed in the most
3permanent living arrangement as soon as is practically
4possible. To achieve this goal, the legislature directs the
5Department of Children and Family Services to conduct
6concurrent planning so that permanency may occur at the
7earliest opportunity. Permanent living arrangements may
8include prevention of placement of a child outside the home of
9the family when the child can be cared for at home without
10endangering the child's health or safety; reunification with
11the family, when safe and appropriate, if temporary placement
12is necessary; or movement of the child toward the most
13permanent living arrangement and permanent legal status.
14    When determining reasonable efforts to be made with respect
15to a child, as described in this subsection, and in making such
16reasonable efforts, the child's health and safety shall be the
17paramount concern.
18    When a child is placed in foster care, the Department shall
19ensure and document that reasonable efforts were made to
20prevent or eliminate the need to remove the child from the
21child's home. The Department must make reasonable efforts to
22reunify the family when temporary placement of the child occurs
23unless otherwise required, pursuant to the Juvenile Court Act
24of 1987. At any time after the dispositional hearing where the
25Department believes that further reunification services would
26be ineffective, it may request a finding from the court that

 

 

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1reasonable efforts are no longer appropriate. The Department is
2not required to provide further reunification services after
3such a finding.
4    A decision to place a child in substitute care shall be
5made with considerations of the child's health, safety, and
6best interests. At the time of placement, consideration should
7also be given so that if reunification fails or is delayed, the
8placement made is the best available placement to provide
9permanency for the child.
10    The Department shall adopt rules addressing concurrent
11planning for reunification and permanency. The Department
12shall consider the following factors when determining
13appropriateness of concurrent planning:
14        (1) the likelihood of prompt reunification;
15        (2) the past history of the family;
16        (3) the barriers to reunification being addressed by
17    the family;
18        (4) the level of cooperation of the family;
19        (5) the foster parents' willingness to work with the
20    family to reunite;
21        (6) the willingness and ability of the foster family to
22    provide an adoptive home or long-term placement;
23        (7) the age of the child;
24        (8) placement of siblings.
25    (m) The Department may assume temporary custody of any
26child if:

 

 

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1        (1) it has received a written consent to such temporary
2    custody signed by the parents of the child or by the parent
3    having custody of the child if the parents are not living
4    together or by the guardian or custodian of the child if
5    the child is not in the custody of either parent, or
6        (2) the child is found in the State and neither a
7    parent, guardian nor custodian of the child can be located.
8If the child is found in his or her residence without a parent,
9guardian, custodian or responsible caretaker, the Department
10may, instead of removing the child and assuming temporary
11custody, place an authorized representative of the Department
12in that residence until such time as a parent, guardian or
13custodian enters the home and expresses a willingness and
14apparent ability to ensure the child's health and safety and
15resume permanent charge of the child, or until a relative
16enters the home and is willing and able to ensure the child's
17health and safety and assume charge of the child until a
18parent, guardian or custodian enters the home and expresses
19such willingness and ability to ensure the child's safety and
20resume permanent charge. After a caretaker has remained in the
21home for a period not to exceed 12 hours, the Department must
22follow those procedures outlined in Section 2-9, 3-11, 4-8, or
235-415 of the Juvenile Court Act of 1987.
24    The Department shall have the authority, responsibilities
25and duties that a legal custodian of the child would have
26pursuant to subsection (9) of Section 1-3 of the Juvenile Court

 

 

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1Act of 1987. Whenever a child is taken into temporary custody
2pursuant to an investigation under the Abused and Neglected
3Child Reporting Act, or pursuant to a referral and acceptance
4under the Juvenile Court Act of 1987 of a minor in limited
5custody, the Department, during the period of temporary custody
6and before the child is brought before a judicial officer as
7required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
8Court Act of 1987, shall have the authority, responsibilities
9and duties that a legal custodian of the child would have under
10subsection (9) of Section 1-3 of the Juvenile Court Act of
111987.
12    The Department shall ensure that any child taken into
13custody is scheduled for an appointment for a medical
14examination.
15    A parent, guardian or custodian of a child in the temporary
16custody of the Department who would have custody of the child
17if he were not in the temporary custody of the Department may
18deliver to the Department a signed request that the Department
19surrender the temporary custody of the child. The Department
20may retain temporary custody of the child for 10 days after the
21receipt of the request, during which period the Department may
22cause to be filed a petition pursuant to the Juvenile Court Act
23of 1987. If a petition is so filed, the Department shall retain
24temporary custody of the child until the court orders
25otherwise. If a petition is not filed within the 10 day period,
26the child shall be surrendered to the custody of the requesting

 

 

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1parent, guardian or custodian not later than the expiration of
2the 10 day period, at which time the authority and duties of
3the Department with respect to the temporary custody of the
4child shall terminate.
5    (m-1) The Department may place children under 18 years of
6age in a secure child care facility licensed by the Department
7that cares for children who are in need of secure living
8arrangements for their health, safety, and well-being after a
9determination is made by the facility director and the Director
10or the Director's designate prior to admission to the facility
11subject to Section 2-27.1 of the Juvenile Court Act of 1987.
12This subsection (m-1) does not apply to a child who is subject
13to placement in a correctional facility operated pursuant to
14Section 3-15-2 of the Unified Code of Corrections, unless the
15child is a ward who was placed under the care of the Department
16before being subject to placement in a correctional facility
17and a court of competent jurisdiction has ordered placement of
18the child in a secure care facility.
19    (n) The Department may place children under 18 years of age
20in licensed child care facilities when in the opinion of the
21Department, appropriate services aimed at family preservation
22have been unsuccessful and cannot ensure the child's health and
23safety or are unavailable and such placement would be for their
24best interest. Payment for board, clothing, care, training and
25supervision of any child placed in a licensed child care
26facility may be made by the Department, by the parents or

 

 

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1guardians of the estates of those children, or by both the
2Department and the parents or guardians, except that no
3payments shall be made by the Department for any child placed
4in a licensed child care facility for board, clothing, care,
5training and supervision of such a child that exceed the
6average per capita cost of maintaining and of caring for a
7child in institutions for dependent or neglected children
8operated by the Department. However, such restriction on
9payments does not apply in cases where children require
10specialized care and treatment for problems of severe emotional
11disturbance, physical disability, social adjustment, or any
12combination thereof and suitable facilities for the placement
13of such children are not available at payment rates within the
14limitations set forth in this Section. All reimbursements for
15services delivered shall be absolutely inalienable by
16assignment, sale, attachment, garnishment or otherwise.
17    (n-1) The Department shall provide or authorize child
18welfare services, aimed at assisting minors to achieve
19sustainable self-sufficiency as independent adults, for any
20minor eligible for the reinstatement of wardship pursuant to
21subsection (2) of Section 2-33 of the Juvenile Court Act of
221987, whether or not such reinstatement is sought or allowed,
23provided that the minor consents to such services and has not
24yet attained the age of 21. The Department shall have
25responsibility for the development and delivery of services
26under this Section. An eligible youth may access services under

 

 

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1this Section through the Department of Children and Family
2Services or by referral from the Department of Human Services.
3Youth participating in services under this Section shall
4cooperate with the assigned case manager in developing an
5agreement identifying the services to be provided and how the
6youth will increase skills to achieve self-sufficiency. A
7homeless shelter is not considered appropriate housing for any
8youth receiving child welfare services under this Section. The
9Department shall continue child welfare services under this
10Section to any eligible minor until the minor becomes 21 years
11of age, no longer consents to participate, or achieves
12self-sufficiency as identified in the minor's service plan. The
13Department of Children and Family Services shall create clear,
14readable notice of the rights of former foster youth to child
15welfare services under this Section and how such services may
16be obtained. The Department of Children and Family Services and
17the Department of Human Services shall disseminate this
18information statewide. The Department shall adopt regulations
19describing services intended to assist minors in achieving
20sustainable self-sufficiency as independent adults.
21    (o) The Department shall establish an administrative
22review and appeal process for children and families who request
23or receive child welfare services from the Department. Children
24who are wards of the Department and are placed by private child
25welfare agencies, and foster families with whom those children
26are placed, shall be afforded the same procedural and appeal

 

 

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1rights as children and families in the case of placement by the
2Department, including the right to an initial review of a
3private agency decision by that agency. The Department shall
4insure that any private child welfare agency, which accepts
5wards of the Department for placement, affords those rights to
6children and foster families. The Department shall accept for
7administrative review and an appeal hearing a complaint made by
8(i) a child or foster family concerning a decision following an
9initial review by a private child welfare agency or (ii) a
10prospective adoptive parent who alleges a violation of
11subsection (j-5) of this Section. An appeal of a decision
12concerning a change in the placement of a child shall be
13conducted in an expedited manner.
14    (p) There is hereby created the Department of Children and
15Family Services Emergency Assistance Fund from which the
16Department may provide special financial assistance to
17families which are in economic crisis when such assistance is
18not available through other public or private sources and the
19assistance is deemed necessary to prevent dissolution of the
20family unit or to reunite families which have been separated
21due to child abuse and neglect. The Department shall establish
22administrative rules specifying the criteria for determining
23eligibility for and the amount and nature of assistance to be
24provided. The Department may also enter into written agreements
25with private and public social service agencies to provide
26emergency financial services to families referred by the

 

 

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1Department. Special financial assistance payments shall be
2available to a family no more than once during each fiscal year
3and the total payments to a family may not exceed $500 during a
4fiscal year.
5    (q) The Department may receive and use, in their entirety,
6for the benefit of children any gift, donation or bequest of
7money or other property which is received on behalf of such
8children, or any financial benefits to which such children are
9or may become entitled while under the jurisdiction or care of
10the Department.
11    The Department shall set up and administer no-cost,
12interest-bearing accounts in appropriate financial
13institutions for children for whom the Department is legally
14responsible and who have been determined eligible for Veterans'
15Benefits, Social Security benefits, assistance allotments from
16the armed forces, court ordered payments, parental voluntary
17payments, Supplemental Security Income, Railroad Retirement
18payments, Black Lung benefits, or other miscellaneous
19payments. Interest earned by each account shall be credited to
20the account, unless disbursed in accordance with this
21subsection.
22    In disbursing funds from children's accounts, the
23Department shall:
24        (1) Establish standards in accordance with State and
25    federal laws for disbursing money from children's
26    accounts. In all circumstances, the Department's

 

 

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1    "Guardianship Administrator" or his or her designee must
2    approve disbursements from children's accounts. The
3    Department shall be responsible for keeping complete
4    records of all disbursements for each account for any
5    purpose.
6        (2) Calculate on a monthly basis the amounts paid from
7    State funds for the child's board and care, medical care
8    not covered under Medicaid, and social services; and
9    utilize funds from the child's account, as covered by
10    regulation, to reimburse those costs. Monthly,
11    disbursements from all children's accounts, up to 1/12 of
12    $13,000,000, shall be deposited by the Department into the
13    General Revenue Fund and the balance over 1/12 of
14    $13,000,000 into the DCFS Children's Services Fund.
15        (3) Maintain any balance remaining after reimbursing
16    for the child's costs of care, as specified in item (2).
17    The balance shall accumulate in accordance with relevant
18    State and federal laws and shall be disbursed to the child
19    or his or her guardian, or to the issuing agency.
20    (r) The Department shall promulgate regulations
21encouraging all adoption agencies to voluntarily forward to the
22Department or its agent names and addresses of all persons who
23have applied for and have been approved for adoption of a
24hard-to-place or handicapped child and the names of such
25children who have not been placed for adoption. A list of such
26names and addresses shall be maintained by the Department or

 

 

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1its agent, and coded lists which maintain the confidentiality
2of the person seeking to adopt the child and of the child shall
3be made available, without charge, to every adoption agency in
4the State to assist the agencies in placing such children for
5adoption. The Department may delegate to an agent its duty to
6maintain and make available such lists. The Department shall
7ensure that such agent maintains the confidentiality of the
8person seeking to adopt the child and of the child.
9    (s) The Department of Children and Family Services may
10establish and implement a program to reimburse Department and
11private child welfare agency foster parents licensed by the
12Department of Children and Family Services for damages
13sustained by the foster parents as a result of the malicious or
14negligent acts of foster children, as well as providing third
15party coverage for such foster parents with regard to actions
16of foster children to other individuals. Such coverage will be
17secondary to the foster parent liability insurance policy, if
18applicable. The program shall be funded through appropriations
19from the General Revenue Fund, specifically designated for such
20purposes.
21    (t) The Department shall perform home studies and
22investigations and shall exercise supervision over visitation
23as ordered by a court pursuant to the Illinois Marriage and
24Dissolution of Marriage Act or the Adoption Act only if:
25        (1) an order entered by an Illinois court specifically
26    directs the Department to perform such services; and

 

 

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1        (2) the court has ordered one or both of the parties to
2    the proceeding to reimburse the Department for its
3    reasonable costs for providing such services in accordance
4    with Department rules, or has determined that neither party
5    is financially able to pay.
6    The Department shall provide written notification to the
7court of the specific arrangements for supervised visitation
8and projected monthly costs within 60 days of the court order.
9The Department shall send to the court information related to
10the costs incurred except in cases where the court has
11determined the parties are financially unable to pay. The court
12may order additional periodic reports as appropriate.
13    (u) In addition to other information that must be provided,
14whenever the Department places a child with a prospective
15adoptive parent or parents or in a licensed foster home, group
16home, child care institution, or in a relative home, the
17Department shall provide to the prospective adoptive parent or
18parents or other caretaker:
19        (1) available detailed information concerning the
20    child's educational and health history, copies of
21    immunization records (including insurance and medical card
22    information), a history of the child's previous
23    placements, if any, and reasons for placement changes
24    excluding any information that identifies or reveals the
25    location of any previous caretaker;
26        (2) a copy of the child's portion of the client service

 

 

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1    plan, including any visitation arrangement, and all
2    amendments or revisions to it as related to the child; and
3        (3) information containing details of the child's
4    individualized educational plan when the child is
5    receiving special education services.
6    The caretaker shall be informed of any known social or
7behavioral information (including, but not limited to,
8criminal background, fire setting, perpetuation of sexual
9abuse, destructive behavior, and substance abuse) necessary to
10care for and safeguard the children to be placed or currently
11in the home. The Department may prepare a written summary of
12the information required by this paragraph, which may be
13provided to the foster or prospective adoptive parent in
14advance of a placement. The foster or prospective adoptive
15parent may review the supporting documents in the child's file
16in the presence of casework staff. In the case of an emergency
17placement, casework staff shall at least provide known
18information verbally, if necessary, and must subsequently
19provide the information in writing as required by this
20subsection.
21    The information described in this subsection shall be
22provided in writing. In the case of emergency placements when
23time does not allow prior review, preparation, and collection
24of written information, the Department shall provide such
25information as it becomes available. Within 10 business days
26after placement, the Department shall obtain from the

 

 

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1prospective adoptive parent or parents or other caretaker a
2signed verification of receipt of the information provided.
3Within 10 business days after placement, the Department shall
4provide to the child's guardian ad litem a copy of the
5information provided to the prospective adoptive parent or
6parents or other caretaker. The information provided to the
7prospective adoptive parent or parents or other caretaker shall
8be reviewed and approved regarding accuracy at the supervisory
9level.
10    (u-5) Effective July 1, 1995, only foster care placements
11licensed as foster family homes pursuant to the Child Care Act
12of 1969 shall be eligible to receive foster care payments from
13the Department. Relative caregivers who, as of July 1, 1995,
14were approved pursuant to approved relative placement rules
15previously promulgated by the Department at 89 Ill. Adm. Code
16335 and had submitted an application for licensure as a foster
17family home may continue to receive foster care payments only
18until the Department determines that they may be licensed as a
19foster family home or that their application for licensure is
20denied or until September 30, 1995, whichever occurs first.
21    (v) The Department shall access criminal history record
22information as defined in the Illinois Uniform Conviction
23Information Act and information maintained in the adjudicatory
24and dispositional record system as defined in Section 2605-355
25of the Department of State Police Law (20 ILCS 2605/2605-355)
26if the Department determines the information is necessary to

 

 

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1perform its duties under the Abused and Neglected Child
2Reporting Act, the Child Care Act of 1969, and the Children and
3Family Services Act. The Department shall provide for
4interactive computerized communication and processing
5equipment that permits direct on-line communication with the
6Department of State Police's central criminal history data
7repository. The Department shall comply with all certification
8requirements and provide certified operators who have been
9trained by personnel from the Department of State Police. In
10addition, one Office of the Inspector General investigator
11shall have training in the use of the criminal history
12information access system and have access to the terminal. The
13Department of Children and Family Services and its employees
14shall abide by rules and regulations established by the
15Department of State Police relating to the access and
16dissemination of this information.
17    (v-1) Prior to final approval for placement of a child, the
18Department shall conduct a criminal records background check of
19the prospective foster or adoptive parent, including
20fingerprint-based checks of national crime information
21databases. Final approval for placement shall not be granted if
22the record check reveals a felony conviction for child abuse or
23neglect, for spousal abuse, for a crime against children, or
24for a crime involving violence, including rape, sexual assault,
25or homicide, but not including other physical assault or
26battery, or if there is a felony conviction for physical

 

 

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1assault, battery, or a drug-related offense committed within
2the past 5 years.
3    (v-2) Prior to final approval for placement of a child, the
4Department shall check its child abuse and neglect registry for
5information concerning prospective foster and adoptive
6parents, and any adult living in the home. If any prospective
7foster or adoptive parent or other adult living in the home has
8resided in another state in the preceding 5 years, the
9Department shall request a check of that other state's child
10abuse and neglect registry.
11    (w) Within 120 days of August 20, 1995 (the effective date
12of Public Act 89-392), the Department shall prepare and submit
13to the Governor and the General Assembly, a written plan for
14the development of in-state licensed secure child care
15facilities that care for children who are in need of secure
16living arrangements for their health, safety, and well-being.
17For purposes of this subsection, secure care facility shall
18mean a facility that is designed and operated to ensure that
19all entrances and exits from the facility, a building or a
20distinct part of the building, are under the exclusive control
21of the staff of the facility, whether or not the child has the
22freedom of movement within the perimeter of the facility,
23building, or distinct part of the building. The plan shall
24include descriptions of the types of facilities that are needed
25in Illinois; the cost of developing these secure care
26facilities; the estimated number of placements; the potential

 

 

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1cost savings resulting from the movement of children currently
2out-of-state who are projected to be returned to Illinois; the
3necessary geographic distribution of these facilities in
4Illinois; and a proposed timetable for development of such
5facilities.
6    (x) The Department shall conduct annual credit history
7checks to determine the financial history of children placed
8under its guardianship pursuant to the Juvenile Court Act of
91987. The Department shall conduct such credit checks starting
10when a ward turns 12 years old and each year thereafter for the
11duration of the guardianship as terminated pursuant to the
12Juvenile Court Act of 1987. The Department shall determine if
13financial exploitation of the child's personal information has
14occurred. If financial exploitation appears to have taken place
15or is presently ongoing, the Department shall notify the proper
16law enforcement agency, the proper State's Attorney, or the
17Attorney General.
18    (y) Beginning on the effective date of this amendatory Act
19of the 96th General Assembly, a child with a disability who
20receives residential and educational services from the
21Department shall be eligible to receive transition services in
22accordance with Article 14 of the School Code from the age of
2314.5 through age 21, inclusive, notwithstanding the child's
24residential services arrangement. For purposes of this
25subsection, "child with a disability" means a child with a
26disability as defined by the federal Individuals with

 

 

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1Disabilities Education Improvement Act of 2004.
2    (z) The Department shall file in the appropriate circuit
3court a petition requesting the appointment of the Office of
4State Guardian, or the State Guardian's authorized designee, as
5guardian of any person with an intellectual or developmental
6disability who has reached the age of 21 and is receiving child
7residential services in a facility licensed by the Department.
8If appointed by the court, the State Guardian shall serve as
9guardian of the person from the date upon which the person
10reaches the age of 21 until the day before his or her 22nd
11birthday. The Department must file its petition in a timely
12manner to ensure that guardianship, if granted by the court,
13commences on the date of the affected person's 21st birthday.
14(Source: P.A. 95-10, eff. 6-30-07; 95-601, eff. 9-11-07;
1595-642, eff. 6-1-08; 95-876, eff. 8-21-08; 96-134, eff. 8-7-09;
1696-581, eff. 1-1-10; 96-600, eff. 8-21-09; 96-619, eff. 1-1-10;
1796-760, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1189, eff.
187-22-10.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.