State of Illinois
2017 and 2018


Introduced 2/15/2018, by Sen. Mattie Hunter


20 ILCS 505/5  from Ch. 23, par. 5005
325 ILCS 5/8.1  from Ch. 23, par. 2058.1
325 ILCS 5/8.2  from Ch. 23, par. 2058.2

    Amends the Children and Family Services Act. In provisions permitting the Department of Children and Family Services to offer and provide family preservation services to any child or family who is the subject of a report of suspected child abuse or neglect and who is likely to be the subject of future reports of suspected child abuse or neglect, provides that if the report is determined to be indicated, the family shall cooperate with and be provided family preservation services as defined in the Abused and Neglected Child Reporting Act. Amends the Abused and Neglected Child Reporting Act. Provides that if a report of child abuse or neglect is determined to be indicated, the child's family shall cooperate with and be provided family preservation services. Requires the Department to develop a service plan for the family's acceptance of services (rather than for the family's voluntary acceptance or refusal). Removes a requirement that the Department explain its lack of legal authority to compel the acceptance of services. Makes changes to the definition of "family preservation services".

LRB100 18317 KTG 33522 b






SB3112LRB100 18317 KTG 33522 b

1    AN ACT concerning children.
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



SB3112- 2 -LRB100 18317 KTG 33522 b

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



SB3112- 3 -LRB100 18317 KTG 33522 b

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:



SB3112- 4 -LRB100 18317 KTG 33522 b

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
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



SB3112- 5 -LRB100 18317 KTG 33522 b

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



SB3112- 6 -LRB100 18317 KTG 33522 b

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
15youth in care and that no licensed private facility has an
16adequate and appropriate program or none agrees to accept the
17youth in care, the Department shall create an appropriate
18individualized, program-oriented plan for such youth in care.
19The plan may be developed within the Department or through
20purchase of services by the Department to the extent that it is
21within its statutory authority to do.
22    (i) Service programs shall be available throughout the
23State and shall include but not be limited to the following
25        (1) case management;
26        (2) homemakers;



SB3112- 7 -LRB100 18317 KTG 33522 b

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 children with physical or mental
18disabilities, children who are older, or other hard-to-place
19children who (i) immediately prior to their adoption were youth
20in care 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



SB3112- 8 -LRB100 18317 KTG 33522 b

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 youth in care for 12 months immediately prior to the
12appointment 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



SB3112- 9 -LRB100 18317 KTG 33522 b

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



SB3112- 10 -LRB100 18317 KTG 33522 b

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, unless the report is determined to
24be indicated. If the report is determined to be indicated, the
25family shall cooperate with and be provided family preservation
26services as defined in Sections 8.1 and 8.2 of the Abused and



SB3112- 11 -LRB100 18317 KTG 33522 b

1Neglected Child Reporting Act. The Department may also provide
2services to any child or family after completion of a family
3assessment, as an alternative to an investigation, as provided
4under the "differential response program" provided for in
5subsection (a-5) of Section 7.4 of the Abused and Neglected
6Child Reporting Act.
7    The Department may, at its discretion except for those
8children also adjudicated neglected or dependent, accept for
9care and training any child who has been adjudicated addicted,
10as a truant minor in need of supervision or as a minor
11requiring authoritative intervention, under the Juvenile Court
12Act or the Juvenile Court Act of 1987, but no such child shall
13be committed to the Department by any court without the
14approval of the Department. On and after January 1, 2015 (the
15effective date of Public Act 98-803) this amendatory Act of the
1698th General Assembly and before January 1, 2017, a minor
17charged with a criminal offense under the Criminal Code of 1961
18or the Criminal Code of 2012 or adjudicated delinquent shall
19not be placed in the custody of or committed to the Department
20by any court, except (i) a minor less than 16 years of age
21committed to the Department under Section 5-710 of the Juvenile
22Court Act of 1987, (ii) a minor for whom an independent basis
23of abuse, neglect, or dependency exists, which must be defined
24by departmental rule, or (iii) a minor for whom the court has
25granted a supplemental petition to reinstate wardship pursuant
26to subsection (2) of Section 2-33 of the Juvenile Court Act of



SB3112- 12 -LRB100 18317 KTG 33522 b

11987. On and after January 1, 2017, a minor charged with a
2criminal offense under the Criminal Code of 1961 or the
3Criminal Code of 2012 or adjudicated delinquent shall not be
4placed in the custody of or committed to the Department by any
5court, except (i) a minor less than 15 years of age committed
6to the Department under Section 5-710 of the Juvenile Court Act
7of 1987, ii) a minor for whom an independent basis of abuse,
8neglect, or dependency exists, which must be defined by
9departmental rule, or (iii) a minor for whom the court has
10granted a supplemental petition to reinstate wardship pursuant
11to subsection (2) of Section 2-33 of the Juvenile Court Act of
121987. An independent basis exists when the allegations or
13adjudication of abuse, neglect, or dependency do not arise from
14the same facts, incident, or circumstances which give rise to a
15charge or adjudication of delinquency. The Department shall
16assign a caseworker to attend any hearing involving a youth in
17the care and custody of the Department who is placed on
18aftercare release, including hearings involving sanctions for
19violation of aftercare release conditions and aftercare
20release revocation hearings.
21    As soon as is possible after August 7, 2009 (the effective
22date of Public Act 96-134), the Department shall develop and
23implement a special program of family preservation services to
24support intact, foster, and adoptive families who are
25experiencing extreme hardships due to the difficulty and stress
26of caring for a child who has been diagnosed with a pervasive



SB3112- 13 -LRB100 18317 KTG 33522 b

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



SB3112- 14 -LRB100 18317 KTG 33522 b

1Department of Children and Family Services to conduct
2concurrent planning so that permanency may occur at the
3earliest opportunity. Permanent living arrangements may
4include prevention of placement of a child outside the home of
5the family when the child can be cared for at home without
6endangering the child's health or safety; reunification with
7the family, when safe and appropriate, if temporary placement
8is necessary; or movement of the child toward the most
9permanent living arrangement and permanent legal status.
10    When determining reasonable efforts to be made with respect
11to a child, as described in this subsection, and in making such
12reasonable efforts, the child's health and safety shall be the
13paramount concern.
14    When a child is placed in foster care, the Department shall
15ensure and document that reasonable efforts were made to
16prevent or eliminate the need to remove the child from the
17child's home. The Department must make reasonable efforts to
18reunify the family when temporary placement of the child occurs
19unless otherwise required, pursuant to the Juvenile Court Act
20of 1987. At any time after the dispositional hearing where the
21Department believes that further reunification services would
22be ineffective, it may request a finding from the court that
23reasonable efforts are no longer appropriate. The Department is
24not required to provide further reunification services after
25such a finding.
26    A decision to place a child in substitute care shall be



SB3112- 15 -LRB100 18317 KTG 33522 b

1made with considerations of the child's health, safety, and
2best interests. At the time of placement, consideration should
3also be given so that if reunification fails or is delayed, the
4placement made is the best available placement to provide
5permanency for the child.
6    The Department shall adopt rules addressing concurrent
7planning for reunification and permanency. The Department
8shall consider the following factors when determining
9appropriateness of concurrent planning:
10        (1) the likelihood of prompt reunification;
11        (2) the past history of the family;
12        (3) the barriers to reunification being addressed by
13    the family;
14        (4) the level of cooperation of the family;
15        (5) the foster parents' willingness to work with the
16    family to reunite;
17        (6) the willingness and ability of the foster family to
18    provide an adoptive home or long-term placement;
19        (7) the age of the child;
20        (8) placement of siblings.
21    (m) The Department may assume temporary custody of any
22child if:
23        (1) it has received a written consent to such temporary
24    custody signed by the parents of the child or by the parent
25    having custody of the child if the parents are not living
26    together or by the guardian or custodian of the child if



SB3112- 16 -LRB100 18317 KTG 33522 b

1    the child is not in the custody of either parent, or
2        (2) the child is found in the State and neither a
3    parent, guardian nor custodian of the child can be located.
4If the child is found in his or her residence without a parent,
5guardian, custodian or responsible caretaker, the Department
6may, instead of removing the child and assuming temporary
7custody, place an authorized representative of the Department
8in that residence until such time as a parent, guardian or
9custodian enters the home and expresses a willingness and
10apparent ability to ensure the child's health and safety and
11resume permanent charge of the child, or until a relative
12enters the home and is willing and able to ensure the child's
13health and safety and assume charge of the child until a
14parent, guardian or custodian enters the home and expresses
15such willingness and ability to ensure the child's safety and
16resume permanent charge. After a caretaker has remained in the
17home for a period not to exceed 12 hours, the Department must
18follow those procedures outlined in Section 2-9, 3-11, 4-8, or
195-415 of the Juvenile Court Act of 1987.
20    The Department shall have the authority, responsibilities
21and duties that a legal custodian of the child would have
22pursuant to subsection (9) of Section 1-3 of the Juvenile Court
23Act of 1987. Whenever a child is taken into temporary custody
24pursuant to an investigation under the Abused and Neglected
25Child Reporting Act, or pursuant to a referral and acceptance
26under the Juvenile Court Act of 1987 of a minor in limited



SB3112- 17 -LRB100 18317 KTG 33522 b

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



SB3112- 18 -LRB100 18317 KTG 33522 b

1    (m-1) The Department may place children under 18 years of
2age in a secure child care facility licensed by the Department
3that cares for children who are in need of secure living
4arrangements for their health, safety, and well-being after a
5determination is made by the facility director and the Director
6or the Director's designate prior to admission to the facility
7subject to Section 2-27.1 of the Juvenile Court Act of 1987.
8This subsection (m-1) does not apply to a child who is subject
9to placement in a correctional facility operated pursuant to
10Section 3-15-2 of the Unified Code of Corrections, unless the
11child is a youth in care who was placed in the care of the
12Department before being subject to placement in a correctional
13facility and a court of competent jurisdiction has ordered
14placement of the child in a secure care facility.
15    (n) The Department may place children under 18 years of age
16in licensed child care facilities when in the opinion of the
17Department, appropriate services aimed at family preservation
18have been unsuccessful and cannot ensure the child's health and
19safety or are unavailable and such placement would be for their
20best interest. Payment for board, clothing, care, training and
21supervision of any child placed in a licensed child care
22facility may be made by the Department, by the parents or
23guardians of the estates of those children, or by both the
24Department and the parents or guardians, except that no
25payments shall be made by the Department for any child placed
26in a licensed child care facility for board, clothing, care,



SB3112- 19 -LRB100 18317 KTG 33522 b

1training and supervision of such a child that exceed the
2average per capita cost of maintaining and of caring for a
3child in institutions for dependent or neglected children
4operated by the Department. However, such restriction on
5payments does not apply in cases where children require
6specialized care and treatment for problems of severe emotional
7disturbance, physical disability, social adjustment, or any
8combination thereof and suitable facilities for the placement
9of such children are not available at payment rates within the
10limitations set forth in this Section. All reimbursements for
11services delivered shall be absolutely inalienable by
12assignment, sale, attachment, garnishment or otherwise.
13    (n-1) The Department shall provide or authorize child
14welfare services, aimed at assisting minors to achieve
15sustainable self-sufficiency as independent adults, for any
16minor eligible for the reinstatement of wardship pursuant to
17subsection (2) of Section 2-33 of the Juvenile Court Act of
181987, whether or not such reinstatement is sought or allowed,
19provided that the minor consents to such services and has not
20yet attained the age of 21. The Department shall have
21responsibility for the development and delivery of services
22under this Section. An eligible youth may access services under
23this Section through the Department of Children and Family
24Services or by referral from the Department of Human Services.
25Youth participating in services under this Section shall
26cooperate with the assigned case manager in developing an



SB3112- 20 -LRB100 18317 KTG 33522 b

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



SB3112- 21 -LRB100 18317 KTG 33522 b

1affords those rights to children and foster families. The
2Department shall accept for administrative review and an appeal
3hearing a complaint made by (i) a child or foster family
4concerning a decision following an initial review by a private
5child welfare agency or (ii) a prospective adoptive parent who
6alleges a violation of subsection (j-5) of this Section. An
7appeal of a decision concerning a change in the placement of a
8child shall be conducted in an expedited manner. A court
9determination that a current foster home placement is necessary
10and appropriate under Section 2-28 of the Juvenile Court Act of
111987 does not constitute a judicial determination on the merits
12of an administrative appeal, filed by a former foster parent,
13involving a change of placement decision.
14    (p) (Blank).
15    (q) The Department may receive and use, in their entirety,
16for the benefit of children any gift, donation or bequest of
17money or other property which is received on behalf of such
18children, or any financial benefits to which such children are
19or may become entitled while under the jurisdiction or care of
20the Department.
21    The Department shall set up and administer no-cost,
22interest-bearing accounts in appropriate financial
23institutions for children for whom the Department is legally
24responsible and who have been determined eligible for Veterans'
25Benefits, Social Security benefits, assistance allotments from
26the armed forces, court ordered payments, parental voluntary



SB3112- 22 -LRB100 18317 KTG 33522 b

1payments, Supplemental Security Income, Railroad Retirement
2payments, Black Lung benefits, or other miscellaneous
3payments. Interest earned by each account shall be credited to
4the account, unless disbursed in accordance with this
6    In disbursing funds from children's accounts, the
7Department shall:
8        (1) Establish standards in accordance with State and
9    federal laws for disbursing money from children's
10    accounts. In all circumstances, the Department's
11    "Guardianship Administrator" or his or her designee must
12    approve disbursements from children's accounts. The
13    Department shall be responsible for keeping complete
14    records of all disbursements for each account for any
15    purpose.
16        (2) Calculate on a monthly basis the amounts paid from
17    State funds for the child's board and care, medical care
18    not covered under Medicaid, and social services; and
19    utilize funds from the child's account, as covered by
20    regulation, to reimburse those costs. Monthly,
21    disbursements from all children's accounts, up to 1/12 of
22    $13,000,000, shall be deposited by the Department into the
23    General Revenue Fund and the balance over 1/12 of
24    $13,000,000 into the DCFS Children's Services Fund.
25        (3) Maintain any balance remaining after reimbursing
26    for the child's costs of care, as specified in item (2).



SB3112- 23 -LRB100 18317 KTG 33522 b

1    The balance shall accumulate in accordance with relevant
2    State and federal laws and shall be disbursed to the child
3    or his or her guardian, or to the issuing agency.
4    (r) The Department shall promulgate regulations
5encouraging all adoption agencies to voluntarily forward to the
6Department or its agent names and addresses of all persons who
7have applied for and have been approved for adoption of a
8hard-to-place child or child with a disability and the names of
9such children who have not been placed for adoption. A list of
10such names and addresses shall be maintained by the Department
11or its agent, and coded lists which maintain the
12confidentiality of the person seeking to adopt the child and of
13the child shall be made available, without charge, to every
14adoption agency in the State to assist the agencies in placing
15such children for adoption. The Department may delegate to an
16agent its duty to maintain and make available such lists. The
17Department shall ensure that such agent maintains the
18confidentiality of the person seeking to adopt the child and of
19the child.
20    (s) The Department of Children and Family Services may
21establish and implement a program to reimburse Department and
22private child welfare agency foster parents licensed by the
23Department of Children and Family Services for damages
24sustained by the foster parents as a result of the malicious or
25negligent acts of foster children, as well as providing third
26party coverage for such foster parents with regard to actions



SB3112- 24 -LRB100 18317 KTG 33522 b

1of foster children to other individuals. Such coverage will be
2secondary to the foster parent liability insurance policy, if
3applicable. The program shall be funded through appropriations
4from the General Revenue Fund, specifically designated for such
6    (t) The Department shall perform home studies and
7investigations and shall exercise supervision over visitation
8as ordered by a court pursuant to the Illinois Marriage and
9Dissolution of Marriage Act or the Adoption Act only if:
10        (1) an order entered by an Illinois court specifically
11    directs the Department to perform such services; and
12        (2) the court has ordered one or both of the parties to
13    the proceeding to reimburse the Department for its
14    reasonable costs for providing such services in accordance
15    with Department rules, or has determined that neither party
16    is financially able to pay.
17    The Department shall provide written notification to the
18court of the specific arrangements for supervised visitation
19and projected monthly costs within 60 days of the court order.
20The Department shall send to the court information related to
21the costs incurred except in cases where the court has
22determined the parties are financially unable to pay. The court
23may order additional periodic reports as appropriate.
24    (u) In addition to other information that must be provided,
25whenever the Department places a child with a prospective
26adoptive parent or parents or in a licensed foster home, group



SB3112- 25 -LRB100 18317 KTG 33522 b

1home, child care institution, or in a relative home, the
2Department shall provide to the prospective adoptive parent or
3parents or other caretaker:
4        (1) available detailed information concerning the
5    child's educational and health history, copies of
6    immunization records (including insurance and medical card
7    information), a history of the child's previous
8    placements, if any, and reasons for placement changes
9    excluding any information that identifies or reveals the
10    location of any previous caretaker;
11        (2) a copy of the child's portion of the client service
12    plan, including any visitation arrangement, and all
13    amendments or revisions to it as related to the child; and
14        (3) information containing details of the child's
15    individualized educational plan when the child is
16    receiving special education services.
17    The caretaker shall be informed of any known social or
18behavioral information (including, but not limited to,
19criminal background, fire setting, perpetuation of sexual
20abuse, destructive behavior, and substance abuse) necessary to
21care for and safeguard the children to be placed or currently
22in the home. The Department may prepare a written summary of
23the information required by this paragraph, which may be
24provided to the foster or prospective adoptive parent in
25advance of a placement. The foster or prospective adoptive
26parent may review the supporting documents in the child's file



SB3112- 26 -LRB100 18317 KTG 33522 b

1in the presence of casework staff. In the case of an emergency
2placement, casework staff shall at least provide known
3information verbally, if necessary, and must subsequently
4provide the information in writing as required by this
6    The information described in this subsection shall be
7provided in writing. In the case of emergency placements when
8time does not allow prior review, preparation, and collection
9of written information, the Department shall provide such
10information as it becomes available. Within 10 business days
11after placement, the Department shall obtain from the
12prospective adoptive parent or parents or other caretaker a
13signed verification of receipt of the information provided.
14Within 10 business days after placement, the Department shall
15provide to the child's guardian ad litem a copy of the
16information provided to the prospective adoptive parent or
17parents or other caretaker. The information provided to the
18prospective adoptive parent or parents or other caretaker shall
19be reviewed and approved regarding accuracy at the supervisory
21    (u-5) Effective July 1, 1995, only foster care placements
22licensed as foster family homes pursuant to the Child Care Act
23of 1969 shall be eligible to receive foster care payments from
24the Department. Relative caregivers who, as of July 1, 1995,
25were approved pursuant to approved relative placement rules
26previously promulgated by the Department at 89 Ill. Adm. Code



SB3112- 27 -LRB100 18317 KTG 33522 b

1335 and had submitted an application for licensure as a foster
2family home may continue to receive foster care payments only
3until the Department determines that they may be licensed as a
4foster family home or that their application for licensure is
5denied or until September 30, 1995, whichever occurs first.
6    (v) The Department shall access criminal history record
7information as defined in the Illinois Uniform Conviction
8Information Act and information maintained in the adjudicatory
9and dispositional record system as defined in Section 2605-355
10of the Department of State Police Law (20 ILCS 2605/2605-355)
11if the Department determines the information is necessary to
12perform its duties under the Abused and Neglected Child
13Reporting Act, the Child Care Act of 1969, and the Children and
14Family Services Act. The Department shall provide for
15interactive computerized communication and processing
16equipment that permits direct on-line communication with the
17Department of State Police's central criminal history data
18repository. The Department shall comply with all certification
19requirements and provide certified operators who have been
20trained by personnel from the Department of State Police. In
21addition, one Office of the Inspector General investigator
22shall have training in the use of the criminal history
23information access system and have access to the terminal. The
24Department of Children and Family Services and its employees
25shall abide by rules and regulations established by the
26Department of State Police relating to the access and



SB3112- 28 -LRB100 18317 KTG 33522 b

1dissemination of this information.
2    (v-1) Prior to final approval for placement of a child, the
3Department shall conduct a criminal records background check of
4the prospective foster or adoptive parent, including
5fingerprint-based checks of national crime information
6databases. Final approval for placement shall not be granted if
7the record check reveals a felony conviction for child abuse or
8neglect, for spousal abuse, for a crime against children, or
9for a crime involving violence, including rape, sexual assault,
10or homicide, but not including other physical assault or
11battery, or if there is a felony conviction for physical
12assault, battery, or a drug-related offense committed within
13the past 5 years.
14    (v-2) Prior to final approval for placement of a child, the
15Department shall check its child abuse and neglect registry for
16information concerning prospective foster and adoptive
17parents, and any adult living in the home. If any prospective
18foster or adoptive parent or other adult living in the home has
19resided in another state in the preceding 5 years, the
20Department shall request a check of that other state's child
21abuse and neglect registry.
22    (w) Within 120 days of August 20, 1995 (the effective date
23of Public Act 89-392), the Department shall prepare and submit
24to the Governor and the General Assembly, a written plan for
25the development of in-state licensed secure child care
26facilities that care for children who are in need of secure



SB3112- 29 -LRB100 18317 KTG 33522 b

1living arrangements for their health, safety, and well-being.
2For purposes of this subsection, secure care facility shall
3mean a facility that is designed and operated to ensure that
4all entrances and exits from the facility, a building or a
5distinct part of the building, are under the exclusive control
6of the staff of the facility, whether or not the child has the
7freedom of movement within the perimeter of the facility,
8building, or distinct part of the building. The plan shall
9include descriptions of the types of facilities that are needed
10in Illinois; the cost of developing these secure care
11facilities; the estimated number of placements; the potential
12cost savings resulting from the movement of children currently
13out-of-state who are projected to be returned to Illinois; the
14necessary geographic distribution of these facilities in
15Illinois; and a proposed timetable for development of such
17    (x) The Department shall conduct annual credit history
18checks to determine the financial history of children placed
19under its guardianship pursuant to the Juvenile Court Act of
201987. The Department shall conduct such credit checks starting
21when a youth in care turns 12 years old and each year
22thereafter for the duration of the guardianship as terminated
23pursuant to the Juvenile Court Act of 1987. The Department
24shall determine if financial exploitation of the child's
25personal information has occurred. If financial exploitation
26appears to have taken place or is presently ongoing, the



SB3112- 30 -LRB100 18317 KTG 33522 b

1Department shall notify the proper law enforcement agency, the
2proper State's Attorney, or the Attorney General.
3    (y) Beginning on July 22, 2010 (the effective date of
4Public Act 96-1189) this amendatory Act of the 96th General
5Assembly, a child with a disability who receives residential
6and educational services from the Department shall be eligible
7to receive transition services in accordance with Article 14 of
8the School Code from the age of 14.5 through age 21, inclusive,
9notwithstanding the child's residential services arrangement.
10For purposes of this subsection, "child with a disability"
11means a child with a disability as defined by the federal
12Individuals with Disabilities Education Improvement Act of
14    (z) The Department shall access criminal history record
15information as defined as "background information" in this
16subsection and criminal history record information as defined
17in the Illinois Uniform Conviction Information Act for each
18Department employee or Department applicant. Each Department
19employee or Department applicant shall submit his or her
20fingerprints to the Department of State Police in the form and
21manner prescribed by the Department of State Police. These
22fingerprints shall be checked against the fingerprint records
23now and hereafter filed in the Department of State Police and
24the Federal Bureau of Investigation criminal history records
25databases. The Department of State Police shall charge a fee
26for conducting the criminal history record check, which shall



SB3112- 31 -LRB100 18317 KTG 33522 b

1be deposited into the State Police Services Fund and shall not
2exceed the actual cost of the record check. The Department of
3State Police shall furnish, pursuant to positive
4identification, all Illinois conviction information to the
5Department of Children and Family Services.
6    For purposes of this subsection:
7    "Background information" means all of the following:
8        (i) Upon the request of the Department of Children and
9    Family Services, conviction information obtained from the
10    Department of State Police as a result of a
11    fingerprint-based criminal history records check of the
12    Illinois criminal history records database and the Federal
13    Bureau of Investigation criminal history records database
14    concerning a Department employee or Department applicant.
15        (ii) Information obtained by the Department of
16    Children and Family Services after performing a check of
17    the Department of State Police's Sex Offender Database, as
18    authorized by Section 120 of the Sex Offender Community
19    Notification Law, concerning a Department employee or
20    Department applicant.
21        (iii) Information obtained by the Department of
22    Children and Family Services after performing a check of
23    the Child Abuse and Neglect Tracking System (CANTS)
24    operated and maintained by the Department.
25    "Department employee" means a full-time or temporary
26employee coded or certified within the State of Illinois



SB3112- 32 -LRB100 18317 KTG 33522 b

1Personnel System.
2    "Department applicant" means an individual who has
3conditional Department full-time or part-time work, a
4contractor, an individual used to replace or supplement staff,
5an academic intern, a volunteer in Department offices or on
6Department contracts, a work-study student, an individual or
7entity licensed by the Department, or an unlicensed service
8provider who works as a condition of a contract or an agreement
9and whose work may bring the unlicensed service provider into
10contact with Department clients or client records.
11(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
12100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
14    Section 10. The Abused and Neglected Child Reporting Act is
15amended by changing Sections 8.1 and 8.2 as follows:
16    (325 ILCS 5/8.1)  (from Ch. 23, par. 2058.1)
17    Sec. 8.1. If the Child Protective Service Unit determines
18after investigating a report that there is no credible evidence
19that a child is abused or neglected, it shall deem the report
20to be an unfounded report. However, if it appears that the
21child or family could benefit from other social services, the
22local service may suggest such services, including services
23under Section 8.2, for the family's voluntary acceptance or
24refusal. If the family declines such services, the Department



SB3112- 33 -LRB100 18317 KTG 33522 b

1shall take appropriate action in keeping with the best interest
2of the child, including referring a member of the child's
3family to a facility licensed by the Department of Human
4Services or the Department of Public Health. If the report is
5determined to be indicated, the family shall cooperate with and
6be provided family preservation services. A service plan shall
7be developed as set forth in Section 8.2. For purposes of this
8Section "child" includes an adult resident as defined in this
10(Source: P.A. 96-1446, eff. 8-20-10.)
11    (325 ILCS 5/8.2)  (from Ch. 23, par. 2058.2)
12    Sec. 8.2. If the Child Protective Service Unit determines,
13following an investigation made pursuant to Section 7.4 of this
14Act, that there is credible evidence that the child is abused
15or neglected, the Department shall assess the family's need for
16services, and, as necessary, develop, with the family, an
17appropriate service plan for the family's voluntary acceptance
18of services or refusal. In any case where there is evidence
19that the perpetrator of the abuse or neglect is an addict or
20alcoholic as defined in the Alcoholism and Other Drug Abuse and
21Dependency Act, the Department, when making referrals for drug
22or alcohol abuse services, shall make such referrals to
23facilities licensed by the Department of Human Services or the
24Department of Public Health. The Department shall comply with
25Section 8.1 by explaining its lack of legal authority to compel



SB3112- 34 -LRB100 18317 KTG 33522 b

1the acceptance of services and may explain its concomitant
2authority to petition the Circuit court under the Juvenile
3Court Act of 1987 or refer the case to the local law
4enforcement authority or State's attorney for criminal
6    For purposes of this Act, the term "family preservation
7services" refers to all services to help families, including
8adoptive and extended families. Family preservation services
9shall be offered, where safe and appropriate, to prevent the
10placement of children in substitute care when the children can
11be cared for at home or in the custody of the person
12responsible for the children's welfare without endangering the
13children's health or safety, to reunite them with their
14families if so placed when reunification is an appropriate
15goal, or to maintain an adoptive placement. Family preservation
16services shall be required for families when a child abuse or
17neglect investigation has been determined to be indicated. The
18term "homemaker" includes emergency caretakers, homemakers,
19caretakers, housekeepers and chore services. The term
20"counseling" includes individual therapy, infant stimulation
21therapy, family therapy, group therapy, self-help groups, drug
22and alcohol abuse counseling, vocational counseling and
23post-adoptive services. The term "day care" includes
24protective day care and day care to meet educational,
25prevocational or vocational needs. The term "emergency
26assistance and advocacy" includes coordinated services to



SB3112- 35 -LRB100 18317 KTG 33522 b

1secure emergency cash, food, housing and medical assistance or
2advocacy for other subsistence and family protective needs.
3    Before July 1, 2000, appropriate family preservation
4services shall, subject to appropriation, be included in the
5service plan if the Department has determined that those
6services will ensure the child's health and safety, are in the
7child's best interests, and will not place the child in
8imminent risk of harm. Beginning July 1, 2000, appropriate
9family preservation services shall be uniformly available
10throughout the State. The Department shall promptly notify
11children and families of the Department's responsibility to
12offer and provide family preservation services as identified in
13the service plan. Such plans may include but are not limited
14to: case management services; homemakers; counseling; parent
15education; day care; emergency assistance and advocacy
16assessments; respite care; in-home health care; transportation
17to obtain any of the above services; and medical assistance.
18Nothing in this paragraph shall be construed to create a
19private right of action or claim on the part of any individual
20or child welfare agency, except that when a child is the
21subject of an action under Article II of the Juvenile Court Act
22of 1987 and the child's service plan calls for services to
23facilitate achievement of the permanency goal, the court
24hearing the action under Article II of the Juvenile Court Act
25of 1987 may order the Department to provide the services set
26out in the plan, if those services are not provided with



SB3112- 36 -LRB100 18317 KTG 33522 b

1reasonable promptness and if those services are available.
2    Each Department field office shall maintain on a local
3basis directories of services available to children and
4families in the local area where the Department office is
6    The Department shall refer children and families served
7pursuant to this Section to private agencies and governmental
8agencies, where available.
9    Where there are 2 equal proposals from both a
10not-for-profit and a for-profit agency to provide services, the
11Department shall give preference to the proposal from the
12not-for-profit agency.
13    No service plan shall compel any child or parent to engage
14in any activity or refrain from any activity which is not
15reasonably related to remedying a condition or conditions that
16gave rise or which could give rise to any finding of child
17abuse or neglect.
18(Source: P.A. 96-600, eff. 8-21-09; 97-859, eff. 7-27-12.)