HB1596 EnrolledLRB103 25063 WGH 51398 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 Sections 4b, 5, 5c, 5d, 7, 7.3, 7.3a, 7.4, 7.5,
67.8, 8, 8a, 8b, 9.3, 9.5, 17, 21, 35.5, 35.6, and 35.9 and by
7changing Section 5.26 (as added by Public Act 102-763) as
8follows:
 
9    (20 ILCS 505/4b)
10    Sec. 4b. Youth transitional housing programs.
11    (a) The Department may license youth transitional housing
12programs. For the purposes of this Section, "youth
13transitional housing program" means a program that provides
14shelter or housing and services to eligible homeless minors.
15Services provided by the youth transitional housing program
16may include a service assessment, individualized case
17management, and life skills training. The Department shall
18adopt rules governing the licensure of those programs.
19    (b) A homeless minor is eligible if:
20        (1) the homeless minor he or she is at least 16 years
21    of age but less than 18 years of age;
22        (2) the homeless minor lacks a regular, fixed, and
23    adequate place to live;

 

 

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1        (3) the homeless minor is living apart from the
2    minor's his or her parent or guardian;
3        (4) the homeless minor desires to participate in a
4    licensed youth transitional housing program;
5        (5) a licensed youth transitional housing program is
6    able to provide housing and services;
7        (6) the licensed youth transitional housing program
8    has determined the homeless minor is eligible for the
9    youth transitional housing program; and
10        (7) either the homeless minor's parent has consented
11    to the transitional housing program or the minor has
12    consented after:
13            (A) a comprehensive community based youth service
14        agency has provided crisis intervention services to
15        the homeless minor under Section 3-5 of the Juvenile
16        Court Act of 1987 and the agency was unable to achieve
17        either family reunification or an alternate living
18        arrangement;
19            (B) the Department has not filed a petition
20        alleging that the homeless minor is abused or
21        neglected and the minor does not require placement in
22        a residential facility, as defined by 89 Ill. Adm.
23        Code 301.20;
24            (C) the youth transitional housing program or
25        comprehensive community based youth services agency
26        has made reasonable efforts and documented its

 

 

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1        attempts to notify the homeless minor's parent or
2        guardian of the homeless minor's intent to enter the
3        youth transitional housing program.
4    (d) If an eligible homeless minor voluntarily leaves or is
5dismissed from a youth transitional housing program prior to
6reaching the age of majority, the youth transitional housing
7program agency shall contact the comprehensive community based
8youth services agency that provided crisis intervention
9services to the eligible homeless minor under subdivision
10(b)(7)(A) of this Section to assist in finding an alternative
11placement for the minor. If the eligible homeless minor leaves
12the program before beginning services with the comprehensive
13community based youth service provider, then the youth
14transitional housing program shall notify the local law
15enforcement authorities and make reasonable efforts to notify
16the minor's parent or guardian that the minor has left the
17program.
18    (e) Nothing in this Section shall be construed to require
19an eligible homeless minor to acquire the consent of a parent,
20guardian, or custodian to consent to a youth transitional
21housing program. An eligible homeless minor is deemed to have
22the legal capacity to consent to receiving housing and
23services from a licensed youth transitional housing program.
24    (f) The purpose of this Section is to provide a means by
25which an eligible homeless minor may have the authority to
26consent, independent of the homeless minor's his or her

 

 

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1parents or guardian, to receive housing and services as
2described in subsection (a) of this Section provided by a
3licensed youth transitional housing program that has the
4ability to serve the homeless minor. This Section is not
5intended to interfere with the integrity of the family or the
6rights of parents and their children. This Section does not
7limit or exclude any means by which a minor may become
8emancipated.
9(Source: P.A. 100-162, eff. 1-1-18.)
 
10    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
11    Sec. 5. Direct child welfare services; Department of
12Children and Family Services. To provide direct child welfare
13services when not available through other public or private
14child care or program facilities.
15    (a) For purposes of this Section:
16        (1) "Children" means persons found within the State
17    who are under the age of 18 years. The term also includes
18    persons under age 21 who:
19            (A) were committed to the Department pursuant to
20        the Juvenile Court Act or the Juvenile Court Act of
21        1987 and who continue under the jurisdiction of the
22        court; or
23            (B) were accepted for care, service and training
24        by the Department prior to the age of 18 and whose best
25        interest in the discretion of the Department would be

 

 

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

 

 

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

 

 

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1        child care facility. The Department is not required to
2        place or maintain children:
3                (i) who are in a foster home, or
4                (ii) who are persons with a developmental
5            disability, as defined in the Mental Health and
6            Developmental Disabilities Code, or
7                (iii) who are female children who are
8            pregnant, pregnant and parenting, or parenting, or
9                (iv) who are siblings, in facilities that
10            provide separate living quarters for children 18
11            years of age and older and for children under 18
12            years of age.
13    (b) (Blank).
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

 

 

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1or the remaining months of the fiscal year, whichever is less,
2and the 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
8for child 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
15goals of child safety and protection, family preservation,
16family reunification, and adoption, including, but not limited
17to:
18        (1) adoption;
19        (2) foster care;
20        (3) family counseling;
21        (4) protective services;
22        (5) (blank);
23        (6) homemaker service;
24        (7) return of runaway children;
25        (8) (blank);
26        (9) placement under Section 5-7 of the Juvenile Court

 

 

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1    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
2    Court Act of 1987 in accordance with the federal Adoption
3    Assistance and Child Welfare Act of 1980; and
4        (10) interstate services.
5    Rules and regulations established by the Department shall
6include provisions for training Department staff and the staff
7of Department grantees, through contracts with other agencies
8or resources, in screening techniques to identify substance
9use disorders, as defined in the Substance Use Disorder Act,
10approved by the Department of Human Services, as a successor
11to the Department of Alcoholism and Substance Abuse, for the
12purpose of identifying children and adults who should be
13referred for an assessment at an organization appropriately
14licensed by the Department of Human Services for substance use
15disorder treatment.
16    (h) If the Department finds that there is no appropriate
17program or facility within or available to the Department for
18a youth in care and that no licensed private facility has an
19adequate and appropriate program or none agrees to accept the
20youth in care, the Department shall create an appropriate
21individualized, program-oriented plan for such youth in care.
22The plan may be developed within the Department or through
23purchase of services by the Department to the extent that it is
24within its statutory authority to do.
25    (i) Service programs shall be available throughout the
26State and shall include but not be limited to the following

 

 

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

 

 

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1been terminated or because the child's adoptive parents have
2died. The Department may continue to provide financial
3assistance and education assistance grants for a child who was
4determined eligible for financial assistance under this
5subsection (j) in the interim period beginning when the
6child's adoptive parents died and ending with the finalization
7of the new adoption of the child by another adoptive parent or
8parents. The Department may also provide categories of
9financial assistance and education assistance grants, and
10shall establish rules and regulations for the assistance and
11grants, to persons appointed guardian of the person under
12Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
134-25, or 5-740 of the Juvenile Court Act of 1987 for children
14who were youth in care for 12 months immediately prior to the
15appointment of the guardian.
16    The amount of assistance may vary, depending upon the
17needs of the child and the adoptive parents, as set forth in
18the annual assistance agreement. Special purpose grants are
19allowed where the child requires special service but such
20costs may not exceed the amounts which similar services would
21cost the Department if it were to provide or secure them as
22guardian of the child.
23    Any financial assistance provided under this subsection is
24inalienable by assignment, sale, execution, attachment,
25garnishment, or any other remedy for recovery or collection of
26a judgment or debt.

 

 

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1    (j-5) The Department shall not deny or delay the placement
2of a child for adoption if an approved family is available
3either outside of the Department region handling the case, or
4outside of the State of Illinois.
5    (k) The Department shall accept for care and training any
6child who has been adjudicated neglected or abused, or
7dependent committed to it pursuant to the Juvenile Court Act
8or the Juvenile Court Act of 1987.
9    (l) The Department shall offer family preservation
10services, as defined in Section 8.2 of the Abused and
11Neglected Child Reporting Act, to help families, including
12adoptive and extended families. Family preservation services
13shall be offered (i) to prevent the placement of children in
14substitute care when the children can be cared for at home or
15in the custody of the person responsible for the children's
16welfare, (ii) to reunite children with their families, or
17(iii) to maintain an adoptive placement. Family preservation
18services shall only be offered when doing so will not endanger
19the children's health or safety. With respect to children who
20are in substitute care pursuant to the Juvenile Court Act of
211987, family preservation services shall not be offered if a
22goal other than those of subdivisions (A), (B), or (B-1) of
23subsection (2) of Section 2-28 of that Act has been set, except
24that reunification services may be offered as provided in
25paragraph (F) of subsection (2) of Section 2-28 of that Act.
26Nothing in this paragraph shall be construed to create a

 

 

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

 

 

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1subject the child or family to future reports of suspected
2child abuse or neglect. Acceptance of such services shall be
3voluntary. The Department may also provide services to any
4child or family after completion of a family assessment, as an
5alternative to an investigation, as provided under the
6"differential response program" provided for in subsection
7(a-5) of Section 7.4 of the Abused and Neglected Child
8Reporting Act.
9    The Department may, at its discretion except for those
10children also adjudicated neglected or dependent, accept for
11care and training any child who has been adjudicated addicted,
12as a truant minor in need of supervision or as a minor
13requiring authoritative intervention, under the Juvenile Court
14Act or the Juvenile Court Act of 1987, but no such child shall
15be committed to the Department by any court without the
16approval of the Department. On and after January 1, 2015 (the
17effective date of Public Act 98-803) and before January 1,
182017, a minor charged with a criminal offense under the
19Criminal Code of 1961 or the Criminal Code of 2012 or
20adjudicated delinquent shall not be placed in the custody of
21or committed to the Department by any court, except (i) a minor
22less than 16 years of age committed to the Department under
23Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
24for whom an independent basis of abuse, neglect, or dependency
25exists, which must be defined by departmental rule, or (iii) a
26minor for whom the court has granted a supplemental petition

 

 

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1to reinstate wardship pursuant to subsection (2) of Section
22-33 of the Juvenile Court Act of 1987. On and after January 1,
32017, a minor charged with a criminal offense under the
4Criminal Code of 1961 or the Criminal Code of 2012 or
5adjudicated delinquent shall not be placed in the custody of
6or committed to the Department by any court, except (i) a minor
7less than 15 years of age committed to the Department under
8Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
9for whom an independent basis of abuse, neglect, or dependency
10exists, which must be defined by departmental rule, or (iii) a
11minor for whom the court has granted a supplemental petition
12to reinstate wardship pursuant to subsection (2) of Section
132-33 of the Juvenile Court Act of 1987. An independent basis
14exists when the allegations or adjudication of abuse, neglect,
15or dependency do not arise from the same facts, incident, or
16circumstances which give rise to a charge or adjudication of
17delinquency. The Department shall assign a caseworker to
18attend any hearing involving a youth in the care and custody of
19the Department who is placed on aftercare release, including
20hearings involving sanctions for violation of aftercare
21release conditions and aftercare release revocation hearings.
22    As soon as is possible after August 7, 2009 (the effective
23date of Public Act 96-134), the Department shall develop and
24implement a special program of family preservation services to
25support intact, foster, and adoptive families who are
26experiencing extreme hardships due to the difficulty and

 

 

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

 

 

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

 

 

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1reunification services after such a finding.
2    A decision to place a child in substitute care shall be
3made with considerations of the child's health, safety, and
4best interests. At the time of placement, consideration should
5also be given so that if reunification fails or is delayed, the
6placement made is the best available placement to provide
7permanency for the child.
8    The Department shall adopt rules addressing concurrent
9planning for reunification and permanency. The Department
10shall consider the following factors when determining
11appropriateness of concurrent planning:
12        (1) the likelihood of prompt reunification;
13        (2) the past history of the family;
14        (3) the barriers to reunification being addressed by
15    the family;
16        (4) the level of cooperation of the family;
17        (5) the foster parents' willingness to work with the
18    family to reunite;
19        (6) the willingness and ability of the foster family
20    to provide an adoptive home or long-term placement;
21        (7) the age of the child;
22        (8) placement of siblings.
23    (m) The Department may assume temporary custody of any
24child if:
25        (1) it has received a written consent to such
26    temporary custody signed by the parents of the child or by

 

 

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1    the parent having custody of the child if the parents are
2    not living together or by the guardian or custodian of the
3    child if the child is not in the custody of either parent,
4    or
5        (2) the child is found in the State and neither a
6    parent, guardian nor custodian of the child can be
7    located.
8If the child is found in the child's his or her residence
9without a parent, guardian, custodian, or responsible
10caretaker, the Department may, instead of removing the child
11and assuming temporary custody, place an authorized
12representative of the Department in that residence until such
13time as a parent, guardian, or custodian enters the home and
14expresses a willingness and apparent ability to ensure the
15child's health and safety and resume permanent charge of the
16child, or until a relative enters the home and is willing and
17able to ensure the child's health and safety and assume charge
18of the child until a parent, guardian, or custodian enters the
19home and expresses such willingness and ability to ensure the
20child's safety and resume permanent charge. After a caretaker
21has remained in the home for a period not to exceed 12 hours,
22the Department must follow those procedures outlined in
23Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of
241987.
25    The Department shall have the authority, responsibilities
26and duties that a legal custodian of the child would have

 

 

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1pursuant to subsection (9) of Section 1-3 of the Juvenile
2Court Act of 1987. Whenever a child is taken into temporary
3custody pursuant to an investigation under the Abused and
4Neglected Child Reporting Act, or pursuant to a referral and
5acceptance under the Juvenile Court Act of 1987 of a minor in
6limited custody, the Department, during the period of
7temporary custody and before the child is brought before a
8judicial officer as required by Section 2-9, 3-11, 4-8, or
95-415 of the Juvenile Court Act of 1987, shall have the
10authority, responsibilities and duties that a legal custodian
11of the child would have under subsection (9) of Section 1-3 of
12the Juvenile Court Act of 1987.
13    The Department shall ensure that any child taken into
14custody is scheduled for an appointment for a medical
15examination.
16    A parent, guardian, or custodian of a child in the
17temporary custody of the Department who would have custody of
18the child if the child he were not in the temporary custody of
19the Department may deliver to the Department a signed request
20that the Department surrender the temporary custody of the
21child. The Department may retain temporary custody of the
22child for 10 days after the receipt of the request, during
23which period the Department may cause to be filed a petition
24pursuant to the Juvenile Court Act of 1987. If a petition is so
25filed, the Department shall retain temporary custody of the
26child until the court orders otherwise. If a petition is not

 

 

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

 

 

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1in a licensed child care facility may be made by the
2Department, by the parents or guardians of the estates of
3those children, or by both the Department and the parents or
4guardians, except that no payments shall be made by the
5Department for any child placed in a licensed child care
6facility for board, clothing, care, training and supervision
7of such a child that exceed the average per capita cost of
8maintaining and of caring for a child in institutions for
9dependent or neglected children operated by the Department.
10However, such restriction on payments does not apply in cases
11where children require specialized care and treatment for
12problems of severe emotional disturbance, physical disability,
13social adjustment, or any combination thereof and suitable
14facilities for the placement of such children are not
15available at payment rates within the limitations set forth in
16this Section. All reimbursements for services delivered shall
17be absolutely inalienable by assignment, sale, attachment, or
18garnishment or otherwise.
19    (n-1) The Department shall provide or authorize child
20welfare services, aimed at assisting minors to achieve
21sustainable self-sufficiency as independent adults, for any
22minor eligible for the reinstatement of wardship pursuant to
23subsection (2) of Section 2-33 of the Juvenile Court Act of
241987, whether or not such reinstatement is sought or allowed,
25provided that the minor consents to such services and has not
26yet attained the age of 21. The Department shall have

 

 

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

 

 

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1Youth in care who are placed by private child welfare
2agencies, and foster families with whom those youth are
3placed, shall be afforded the same procedural and appeal
4rights as children and families in the case of placement by the
5Department, including the right to an initial review of a
6private agency decision by that agency. The Department shall
7ensure that any private child welfare agency, which accepts
8youth in care for placement, affords those rights to children
9and foster families. The Department shall accept for
10administrative review and an appeal hearing a complaint made
11by (i) a child or foster family concerning a decision
12following an initial review by a private child welfare agency
13or (ii) a prospective adoptive parent who alleges a violation
14of subsection (j-5) of this Section. An appeal of a decision
15concerning a change in the placement of a child shall be
16conducted in an expedited manner. A court determination that a
17current foster home placement is necessary and appropriate
18under Section 2-28 of the Juvenile Court Act of 1987 does not
19constitute a judicial determination on the merits of an
20administrative appeal, filed by a former foster parent,
21involving a change of placement decision.
22    (p) (Blank).
23    (q) The Department may receive and use, in their entirety,
24for the benefit of children any gift, donation, or bequest of
25money or other property which is received on behalf of such
26children, or any financial benefits to which such children are

 

 

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1or may become entitled while under the jurisdiction or care of
2the Department, except that the benefits described in Section
35.46 must be used and conserved consistent with the provisions
4under Section 5.46.
5    The Department shall set up and administer no-cost,
6interest-bearing accounts in appropriate financial
7institutions for children for whom the Department is legally
8responsible and who have been determined eligible for
9Veterans' Benefits, Social Security benefits, assistance
10allotments from the armed forces, court ordered payments,
11parental voluntary payments, Supplemental Security Income,
12Railroad Retirement payments, Black Lung benefits, or other
13miscellaneous payments. Interest earned by each account shall
14be credited to the account, unless disbursed in accordance
15with this subsection.
16    In disbursing funds from children's accounts, the
17Department shall:
18        (1) Establish standards in accordance with State and
19    federal laws for disbursing money from children's
20    accounts. In all circumstances, the Department's
21    "Guardianship Administrator" or the Guardianship
22    Administrator's his or her designee must approve
23    disbursements from children's accounts. The Department
24    shall be responsible for keeping complete records of all
25    disbursements for each account for any purpose.
26        (2) Calculate on a monthly basis the amounts paid from

 

 

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1    State funds for the child's board and care, medical care
2    not covered under Medicaid, and social services; and
3    utilize funds from the child's account, as covered by
4    regulation, to reimburse those costs. Monthly,
5    disbursements from all children's accounts, up to 1/12 of
6    $13,000,000, shall be deposited by the Department into the
7    General Revenue Fund and the balance over 1/12 of
8    $13,000,000 into the DCFS Children's Services Fund.
9        (3) Maintain any balance remaining after reimbursing
10    for the child's costs of care, as specified in item (2).
11    The balance shall accumulate in accordance with relevant
12    State and federal laws and shall be disbursed to the child
13    or the child's his or her guardian, or to the issuing
14    agency.
15    (r) The Department shall promulgate regulations
16encouraging all adoption agencies to voluntarily forward to
17the Department or its agent names and addresses of all persons
18who have applied for and have been approved for adoption of a
19hard-to-place child or child with a disability and the names
20of such children who have not been placed for adoption. A list
21of such names and addresses shall be maintained by the
22Department or its agent, and coded lists which maintain the
23confidentiality of the person seeking to adopt the child and
24of the child shall be made available, without charge, to every
25adoption agency in the State to assist the agencies in placing
26such children for adoption. The Department may delegate to an

 

 

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1agent its duty to maintain and make available such lists. The
2Department shall ensure that such agent maintains the
3confidentiality of the person seeking to adopt the child and
4of the child.
5    (s) The Department of Children and Family Services may
6establish and implement a program to reimburse Department and
7private child welfare agency foster parents licensed by the
8Department of Children and Family Services for damages
9sustained by the foster parents as a result of the malicious or
10negligent acts of foster children, as well as providing third
11party coverage for such foster parents with regard to actions
12of foster children to other individuals. Such coverage will be
13secondary to the foster parent liability insurance policy, if
14applicable. The program shall be funded through appropriations
15from the General Revenue Fund, specifically designated for
16such purposes.
17    (t) The Department shall perform home studies and
18investigations and shall exercise supervision over visitation
19as ordered by a court pursuant to the Illinois Marriage and
20Dissolution of Marriage Act or the Adoption Act only if:
21        (1) an order entered by an Illinois court specifically
22    directs the Department to perform such services; and
23        (2) the court has ordered one or both of the parties to
24    the proceeding to reimburse the Department for its
25    reasonable costs for providing such services in accordance
26    with Department rules, or has determined that neither

 

 

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1    party is financially able to pay.
2    The Department shall provide written notification to the
3court of the specific arrangements for supervised visitation
4and projected monthly costs within 60 days of the court order.
5The Department shall send to the court information related to
6the costs incurred except in cases where the court has
7determined the parties are financially unable to pay. The
8court may order additional periodic reports as appropriate.
9    (u) In addition to other information that must be
10provided, whenever the Department places a child with a
11prospective adoptive parent or parents, in a licensed foster
12home, group home, or child care institution, or in a relative
13home, the Department shall provide to the prospective adoptive
14parent or parents or other caretaker:
15        (1) available detailed information concerning the
16    child's educational and health history, copies of
17    immunization records (including insurance and medical card
18    information), a history of the child's previous
19    placements, if any, and reasons for placement changes
20    excluding any information that identifies or reveals the
21    location of any previous caretaker;
22        (2) a copy of the child's portion of the client
23    service plan, including any visitation arrangement, and
24    all amendments or revisions to it as related to the child;
25    and
26        (3) information containing details of the child's

 

 

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

 

 

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1provide to the child's guardian ad litem a copy of the
2information provided to the prospective adoptive parent or
3parents or other caretaker. The information provided to the
4prospective adoptive parent or parents or other caretaker
5shall be reviewed and approved regarding accuracy at the
6supervisory level.
7    (u-5) Effective July 1, 1995, only foster care placements
8licensed as foster family homes pursuant to the Child Care Act
9of 1969 shall be eligible to receive foster care payments from
10the Department. Relative caregivers who, as of July 1, 1995,
11were approved pursuant to approved relative placement rules
12previously promulgated by the Department at 89 Ill. Adm. Code
13335 and had submitted an application for licensure as a foster
14family home may continue to receive foster care payments only
15until the Department determines that they may be licensed as a
16foster family home or that their application for licensure is
17denied or until September 30, 1995, whichever occurs first.
18    (v) The Department shall access criminal history record
19information as defined in the Illinois Uniform Conviction
20Information Act and information maintained in the adjudicatory
21and dispositional record system as defined in Section 2605-355
22of the Illinois State Police Law if the Department determines
23the information is necessary to perform its duties under the
24Abused and Neglected Child Reporting Act, the Child Care Act
25of 1969, and the Children and Family Services Act. The
26Department shall provide for interactive computerized

 

 

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

 

 

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

 

 

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1facilities.
2    (x) The Department shall conduct annual credit history
3checks to determine the financial history of children placed
4under its guardianship pursuant to the Juvenile Court Act of
51987. The Department shall conduct such credit checks starting
6when a youth in care turns 12 years old and each year
7thereafter for the duration of the guardianship as terminated
8pursuant to the Juvenile Court Act of 1987. The Department
9shall determine if financial exploitation of the child's
10personal information has occurred. If financial exploitation
11appears to have taken place or is presently ongoing, the
12Department shall notify the proper law enforcement agency, the
13proper State's Attorney, or the Attorney General.
14    (y) Beginning on July 22, 2010 (the effective date of
15Public Act 96-1189), a child with a disability who receives
16residential and educational services from the Department shall
17be eligible to receive transition services in accordance with
18Article 14 of the School Code from the age of 14.5 through age
1921, inclusive, notwithstanding the child's residential
20services arrangement. For purposes of this subsection, "child
21with a disability" means a child with a disability as defined
22by the federal Individuals with Disabilities Education
23Improvement Act of 2004.
24    (z) The Department shall access criminal history record
25information as defined as "background information" in this
26subsection and criminal history record information as defined

 

 

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1in the Illinois Uniform Conviction Information Act for each
2Department employee or Department applicant. Each Department
3employee or Department applicant shall submit the employee's
4or applicant's his or her fingerprints to the Illinois State
5Police in the form and manner prescribed by the Illinois State
6Police. These fingerprints shall be checked against the
7fingerprint records now and hereafter filed in the Illinois
8State Police and the Federal Bureau of Investigation criminal
9history records databases. The Illinois State Police shall
10charge a fee for conducting the criminal history record check,
11which shall be deposited into the State Police Services Fund
12and shall not exceed the actual cost of the record check. The
13Illinois State Police shall furnish, pursuant to positive
14identification, all Illinois conviction information to the
15Department of Children and Family Services.
16    For purposes of this subsection:
17    "Background information" means all of the following:
18        (i) Upon the request of the Department of Children and
19    Family Services, conviction information obtained from the
20    Illinois State Police as a result of a fingerprint-based
21    criminal history records check of the Illinois criminal
22    history records database and the Federal Bureau of
23    Investigation criminal history records database concerning
24    a Department employee or Department applicant.
25        (ii) Information obtained by the Department of
26    Children and Family Services after performing a check of

 

 

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1    the Illinois State Police's Sex Offender Database, as
2    authorized by Section 120 of the Sex Offender Community
3    Notification Law, concerning a Department employee or
4    Department applicant.
5        (iii) Information obtained by the Department of
6    Children and Family Services after performing a check of
7    the Child Abuse and Neglect Tracking System (CANTS)
8    operated and maintained by the Department.
9    "Department employee" means a full-time or temporary
10employee coded or certified within the State of Illinois
11Personnel System.
12    "Department applicant" means an individual who has
13conditional Department full-time or part-time work, a
14contractor, an individual used to replace or supplement staff,
15an academic intern, a volunteer in Department offices or on
16Department contracts, a work-study student, an individual or
17entity licensed by the Department, or an unlicensed service
18provider who works as a condition of a contract or an agreement
19and whose work may bring the unlicensed service provider into
20contact with Department clients or client records.
21(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
22101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
238-20-21; 102-1014, eff. 5-27-22.)
 
24    (20 ILCS 505/5c)
25    Sec. 5c. Direct child welfare service employee license.

 

 

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1    (a) By January 1, 2000, the Department, in consultation
2with private child welfare agencies, shall develop and
3implement a direct child welfare service employee license. By
4January 1, 2001 all child protective investigators and
5supervisors and child welfare specialists and supervisors
6employed by the Department or its contractors shall be
7required to demonstrate sufficient knowledge and skills to
8obtain and maintain the license. The Direct Child Welfare
9Service Employee License Board of the Department shall have
10the authority to revoke or suspend the license of anyone who
11after a hearing is found to be guilty of misfeasance. The
12Department shall promulgate such rules as necessary to
13implement this Section.
14    (b) If a direct child welfare service employee licensee is
15expected to transport a child or children with a motor vehicle
16in the course of performing the direct child welfare service
17employee licensee's his or her duties, the Department must
18verify that the licensee meets the requirements set forth in
19Section 5.1 of the Child Care Act of 1969. The Department must
20make that verification as to each such licensee every 2 years.
21Upon the Department's request, the Secretary of State shall
22provide the Department with the information necessary to
23enable the Department to make the verifications required under
24this subsection. If the Department discovers that a direct
25child welfare service employee licensee has engaged in
26transporting a child or children with a motor vehicle without

 

 

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1having a valid driver's license, the Department shall
2immediately revoke the individual's direct child welfare
3service employee license.
4    (c) On or before January 1, 2000, and every year
5thereafter, the Department shall submit an annual report to
6the General Assembly on the implementation of this Section.
7(Source: P.A. 94-943, eff. 1-1-07.)
 
8    (20 ILCS 505/5d)
9    Sec. 5d. The Direct Child Welfare Service Employee License
10Board.
11    (a) For purposes of this Section:
12        (1) "Board" means the Direct Child Welfare Service
13    Employee License Board.
14        (2) "Director" means the Director of Children and
15    Family Services.
16    (b) The Direct Child Welfare Service Employee License
17Board is created within the Department of Children and Family
18Services and shall consist of 9 members appointed by the
19Director. The Director shall annually designate a chairperson
20and vice-chairperson of the Board. The membership of the Board
21must be composed as follows: (i) 5 licensed professionals from
22the field of human services with a human services, juris
23doctor, medical, public administration, or other relevant
24human services degree and who are in good standing within
25their profession, at least 2 of which must be employed in the

 

 

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1private not-for-profit sector and at least one of which in the
2public sector; (ii) 2 faculty members of an accredited
3university who have child welfare experience and are in good
4standing within their profession and (iii) 2 members of the
5general public who are not licensed under this Act or a similar
6rule and will represent consumer interests.
7    In making the first appointments, the Director shall
8appoint 3 members to serve for a term of one year, 3 members to
9serve for a term of 2 years, and 3 members to serve for a term
10of 3 years, or until their successors are appointed and
11qualified. Their successors shall be appointed to serve 3-year
12terms, or until their successors are appointed and qualified.
13Appointments to fill unexpired vacancies shall be made in the
14same manner as original appointments. No member may be
15reappointed if a reappointment would cause that member to
16serve on the Board for longer than 6 consecutive years. Board
17membership must have reasonable representation from different
18geographic areas of Illinois, and all members must be
19residents of this State.
20    The Director may terminate the appointment of any member
21for good cause, including but not limited to (i) unjustified
22absences from Board meetings or other failure to meet Board
23responsibilities, (ii) failure to recuse oneself himself or
24herself when required by subsection (c) of this Section or
25Department rule, or (iii) failure to maintain the professional
26position required by Department rule. No member of the Board

 

 

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1may have a pending or indicated report of child abuse or
2neglect or a pending complaint or criminal conviction of any
3of the offenses set forth in paragraph (b) of Section 4.2 of
4the Child Care Act of 1969.
5    The members of the Board shall receive no compensation for
6the performance of their duties as members, but each member
7shall be reimbursed for the member's his or her reasonable and
8necessary expenses incurred in attending the meetings of the
9Board.
10    (c) The Board shall make recommendations to the Director
11regarding licensure rules. Board members must recuse
12themselves from sitting on any matter involving an employee of
13a child welfare agency at which the Board member is an employee
14or contractual employee. The Board shall make a final
15determination concerning revocation, suspension, or
16reinstatement of an employee's direct child welfare service
17license after a hearing conducted under the Department's
18rules. Upon notification of the manner of the vote to all the
19members, votes on a final determination may be cast in person,
20by telephonic or electronic means, or by mail at the
21discretion of the chairperson. A simple majority of the
22members appointed and serving is required when Board members
23vote by mail or by telephonic or electronic means. A majority
24of the currently appointed and serving Board members
25constitutes a quorum. A majority of a quorum is required when a
26recommendation is voted on during a Board meeting. A vacancy

 

 

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1in the membership of the Board shall not impair the right of a
2quorum to perform all the duties of the Board. Board members
3are not personally liable in any action based upon a
4disciplinary proceeding or otherwise for any action taken in
5good faith as a member of the Board.
6    (d) The Director may assign Department employees to
7provide staffing services to the Board. The Department must
8promulgate any rules necessary to implement and administer the
9requirements of this Section.
10(Source: P.A. 102-45, eff. 1-1-22.)
 
11    (20 ILCS 505/5.26)
12    Sec. 5.26. Foster children; exit interviews.
13    (a) Unless clinically contraindicated, the Department
14shall ensure that an exit interview is conducted with every
15child age 5 and over who leaves a foster home.
16        (1) The interview shall be conducted by a caseworker,
17    mental health provider, or clinician from the Department's
18    Division of Clinical Practice.
19        (2) The interview shall be conducted within 5 days of
20    the child's removal from the home.
21        (3) The interviewer shall comply with the provisions
22    of the Abused and Neglected Child Reporting Act if the
23    child discloses abuse or neglect as defined by that Act.
24        (4) The interviewer shall immediately inform the
25    licensing agency if the child discloses any information

 

 

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1    that would constitute a potential licensing violation.
2        (5) Documentation of the interview shall be (i)
3    maintained in the foster parent's licensing file, (ii)
4    maintained in the child's case file, (iii) included in the
5    service plan for the child, and (iv) and provided to the
6    child's guardian ad litem and attorney appointed under
7    Section 2-17 of the Juvenile Court Act of 1987.
8        (6) The determination that an interview in compliance
9    with this Section is clinically contraindicated shall be
10    made by the caseworker, in consultation with the child's
11    mental health provider, if any, and the caseworker's
12    supervisor. If the child does not have a mental health
13    provider, the caseworker shall request a consultation with
14    the Department's Division of Clinical Practice regarding
15    whether an interview is clinically contraindicated. The
16    decision and the basis for the decision shall be
17    documented in writing and shall be (i) maintained in the
18    foster parent's licensing file, (ii) maintained in the
19    child's case file, and (iii) attached as part of the
20    service plan for the child.
21        (7) The information gathered during the interview
22    shall be dependent on the age and maturity of the child and
23    the circumstances of the child's removal. The
24    interviewer's observations and any information relevant to
25    understanding the child's responses shall be recorded on
26    the interview form. At a minimum, the interview shall

 

 

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1    address the following areas:
2            (A) How the child's basic needs were met in the
3        home: who prepared food and was there sufficient food;
4        whether the child had appropriate clothing; sleeping
5        arrangements; supervision appropriate to the child's
6        age and special needs; was the child enrolled in
7        school; and did the child receive the support needed
8        to complete the child's his or her school work.
9            (B) Access to caseworker, therapist, or guardian
10        ad litem: whether the child was able to contact these
11        professionals and how.
12            (C) Safety and comfort in the home: how did the
13        child feel in the home; was the foster parent
14        affirming of the child's identity; did anything happen
15        that made the child happy; did anything happen that
16        was scary or sad; what happened when the child did
17        something the child he or she should not have done; if
18        relevant, how does the child think the foster parent
19        felt about the child's family of origin, including
20        parents and siblings; and was the foster parent
21        supportive of the permanency goal.
22            (D) Normalcy: whether the child felt included in
23        the family; whether the child participated in
24        extracurricular activities; whether the foster parent
25        participated in planning for the child, including
26        child and family team meetings and school meetings.

 

 

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1    (b) The Department shall develop procedures, including an
2interview form, no later than January 1, 2023, to implement
3this Section.
4    (c) Beginning July 1, 2023 and quarterly thereafter, the
5Department shall post on its webpage a report summarizing the
6details of the exit interviews.
7(Source: P.A. 102-763, eff. 1-1-23; revised 12-19-22.)
 
8    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
9    Sec. 7. Placement of children; considerations.
10    (a) In placing any child under this Act, the Department
11shall place the child, as far as possible, in the care and
12custody of some individual holding the same religious belief
13as the parents of the child, or with some child care facility
14which is operated by persons of like religious faith as the
15parents of such child.
16    (a-5) In placing a child under this Act, the Department
17shall place the child with the child's sibling or siblings
18under Section 7.4 of this Act unless the placement is not in
19each child's best interest, or is otherwise not possible under
20the Department's rules. If the child is not placed with a
21sibling under the Department's rules, the Department shall
22consider placements that are likely to develop, preserve,
23nurture, and support sibling relationships, where doing so is
24in each child's best interest.
25    (b) In placing a child under this Act, the Department may

 

 

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1place a child with a relative if the Department determines
2that the relative will be able to adequately provide for the
3child's safety and welfare based on the factors set forth in
4the Department's rules governing relative placements, and that
5the placement is consistent with the child's best interests,
6taking into consideration the factors set out in subsection
7(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
8    When the Department first assumes custody of a child, in
9placing that child under this Act, the Department shall make
10reasonable efforts to identify, locate, and provide notice to
11all adult grandparents and other adult relatives of the child
12who are ready, willing, and able to care for the child. At a
13minimum, these efforts shall be renewed each time the child
14requires a placement change and it is appropriate for the
15child to be cared for in a home environment. The Department
16must document its efforts to identify, locate, and provide
17notice to such potential relative placements and maintain the
18documentation in the child's case file.
19    If the Department determines that a placement with any
20identified relative is not in the child's best interests or
21that the relative does not meet the requirements to be a
22relative caregiver, as set forth in Department rules or by
23statute, the Department must document the basis for that
24decision and maintain the documentation in the child's case
25file.
26    If, pursuant to the Department's rules, any person files

 

 

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1an administrative appeal of the Department's decision not to
2place a child with a relative, it is the Department's burden to
3prove that the decision is consistent with the child's best
4interests.
5    When the Department determines that the child requires
6placement in an environment, other than a home environment,
7the Department shall continue to make reasonable efforts to
8identify and locate relatives to serve as visitation resources
9for the child and potential future placement resources, except
10when the Department determines that those efforts would be
11futile or inconsistent with the child's best interests.
12    If the Department determines that efforts to identify and
13locate relatives would be futile or inconsistent with the
14child's best interests, the Department shall document the
15basis of its determination and maintain the documentation in
16the child's case file.
17    If the Department determines that an individual or a group
18of relatives are inappropriate to serve as visitation
19resources or possible placement resources, the Department
20shall document the basis of its determination and maintain the
21documentation in the child's case file.
22    When the Department determines that an individual or a
23group of relatives are appropriate to serve as visitation
24resources or possible future placement resources, the
25Department shall document the basis of its determination,
26maintain the documentation in the child's case file, create a

 

 

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1visitation or transition plan, or both, and incorporate the
2visitation or transition plan, or both, into the child's case
3plan. For the purpose of this subsection, any determination as
4to the child's best interests shall include consideration of
5the factors set out in subsection (4.05) of Section 1-3 of the
6Juvenile Court Act of 1987.
7    The Department may not place a child with a relative, with
8the exception of certain circumstances which may be waived as
9defined by the Department in rules, if the results of a check
10of the Law Enforcement Agencies Data System (LEADS) identifies
11a prior criminal conviction of the relative or any adult
12member of the relative's household for any of the following
13offenses under the Criminal Code of 1961 or the Criminal Code
14of 2012:
15        (1) murder;
16        (1.1) solicitation of murder;
17        (1.2) solicitation of murder for hire;
18        (1.3) intentional homicide of an unborn child;
19        (1.4) voluntary manslaughter of an unborn child;
20        (1.5) involuntary manslaughter;
21        (1.6) reckless homicide;
22        (1.7) concealment of a homicidal death;
23        (1.8) involuntary manslaughter of an unborn child;
24        (1.9) reckless homicide of an unborn child;
25        (1.10) drug-induced homicide;
26        (2) a sex offense under Article 11, except offenses

 

 

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1    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
2    11-40, and 11-45;
3        (3) kidnapping;
4        (3.1) aggravated unlawful restraint;
5        (3.2) forcible detention;
6        (3.3) aiding and abetting child abduction;
7        (4) aggravated kidnapping;
8        (5) child abduction;
9        (6) aggravated battery of a child as described in
10    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11        (7) criminal sexual assault;
12        (8) aggravated criminal sexual assault;
13        (8.1) predatory criminal sexual assault of a child;
14        (9) criminal sexual abuse;
15        (10) aggravated sexual abuse;
16        (11) heinous battery as described in Section 12-4.1 or
17    subdivision (a)(2) of Section 12-3.05;
18        (12) aggravated battery with a firearm as described in
19    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
20    (e)(4) of Section 12-3.05;
21        (13) tampering with food, drugs, or cosmetics;
22        (14) drug-induced infliction of great bodily harm as
23    described in Section 12-4.7 or subdivision (g)(1) of
24    Section 12-3.05;
25        (15) aggravated stalking;
26        (16) home invasion;

 

 

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1        (17) vehicular invasion;
2        (18) criminal transmission of HIV;
3        (19) criminal abuse or neglect of an elderly person or
4    person with a disability as described in Section 12-21 or
5    subsection (b) of Section 12-4.4a;
6        (20) child abandonment;
7        (21) endangering the life or health of a child;
8        (22) ritual mutilation;
9        (23) ritualized abuse of a child;
10        (24) an offense in any other state the elements of
11    which are similar and bear a substantial relationship to
12    any of the foregoing offenses.
13    For the purpose of this subsection, "relative" shall
14include any person, 21 years of age or over, other than the
15parent, who (i) is currently related to the child in any of the
16following ways by blood or adoption: grandparent, sibling,
17great-grandparent, parent's sibling, sibling's child uncle,
18aunt, nephew, niece, first cousin, second cousin, godparent,
19or grandparent's sibling great-uncle, or great-aunt; or (ii)
20is the spouse of such a relative; or (iii) is the child's
21step-parent step-father, step-mother, or adult step-sibling
22step-brother or step-sister; or (iv) is a fictive kin;
23"relative" also includes a person related in any of the
24foregoing ways to a sibling of a child, even though the person
25is not related to the child, when the child and the child's its
26sibling are placed together with that person. For children who

 

 

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1have been in the guardianship of the Department, have been
2adopted, and are subsequently returned to the temporary
3custody or guardianship of the Department, a "relative" may
4also include any person who would have qualified as a relative
5under this paragraph prior to the adoption, but only if the
6Department determines, and documents, that it would be in the
7child's best interests to consider this person a relative,
8based upon the factors for determining best interests set
9forth in subsection (4.05) of Section 1-3 of the Juvenile
10Court Act of 1987. A relative with whom a child is placed
11pursuant to this subsection may, but is not required to, apply
12for licensure as a foster family home pursuant to the Child
13Care Act of 1969; provided, however, that as of July 1, 1995,
14foster care payments shall be made only to licensed foster
15family homes pursuant to the terms of Section 5 of this Act.
16    Notwithstanding any other provision under this subsection
17to the contrary, a fictive kin with whom a child is placed
18pursuant to this subsection shall apply for licensure as a
19foster family home pursuant to the Child Care Act of 1969
20within 6 months of the child's placement with the fictive kin.
21The Department shall not remove a child from the home of a
22fictive kin on the basis that the fictive kin fails to apply
23for licensure within 6 months of the child's placement with
24the fictive kin, or fails to meet the standard for licensure.
25All other requirements established under the rules and
26procedures of the Department concerning the placement of a

 

 

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1child, for whom the Department is legally responsible, with a
2relative shall apply. By June 1, 2015, the Department shall
3promulgate rules establishing criteria and standards for
4placement, identification, and licensure of fictive kin.
5    For purposes of this subsection, "fictive kin" means any
6individual, unrelated by birth or marriage, who:
7        (i) is shown to have significant and close personal or
8    emotional ties with the child or the child's family prior
9    to the child's placement with the individual; or
10        (ii) is the current foster parent of a child in the
11    custody or guardianship of the Department pursuant to this
12    Act and the Juvenile Court Act of 1987, if the child has
13    been placed in the home for at least one year and has
14    established a significant and family-like relationship
15    with the foster parent, and the foster parent has been
16    identified by the Department as the child's permanent
17    connection, as defined by Department rule.
18    The provisions added to this subsection (b) by Public Act
1998-846 shall become operative on and after June 1, 2015.
20    (c) In placing a child under this Act, the Department
21shall ensure that the child's health, safety, and best
22interests are met. In rejecting placement of a child with an
23identified relative, the Department shall ensure that the
24child's health, safety, and best interests are met. In
25evaluating the best interests of the child, the Department
26shall take into consideration the factors set forth in

 

 

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1subsection (4.05) of Section 1-3 of the Juvenile Court Act of
21987.
3    The Department shall consider the individual needs of the
4child and the capacity of the prospective foster or adoptive
5parents to meet the needs of the child. When a child must be
6placed outside the child's his or her home and cannot be
7immediately returned to the child's his or her parents or
8guardian, a comprehensive, individualized assessment shall be
9performed of that child at which time the needs of the child
10shall be determined. Only if race, color, or national origin
11is identified as a legitimate factor in advancing the child's
12best interests shall it be considered. Race, color, or
13national origin shall not be routinely considered in making a
14placement decision. The Department shall make special efforts
15for the diligent recruitment of potential foster and adoptive
16families that reflect the ethnic and racial diversity of the
17children for whom foster and adoptive homes are needed.
18"Special efforts" shall include contacting and working with
19community organizations and religious organizations and may
20include contracting with those organizations, utilizing local
21media and other local resources, and conducting outreach
22activities.
23    (c-1) At the time of placement, the Department shall
24consider concurrent planning, as described in subsection (l-1)
25of Section 5, so that permanency may occur at the earliest
26opportunity. Consideration should be given so that if

 

 

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1reunification fails or is delayed, the placement made is the
2best available placement to provide permanency for the child.
3To the extent that doing so is in the child's best interests as
4set forth in subsection (4.05) of Section 1-3 of the Juvenile
5Court Act of 1987, the Department should consider placements
6that will permit the child to maintain a meaningful
7relationship with the child's his or her parents.
8    (d) The Department may accept gifts, grants, offers of
9services, and other contributions to use in making special
10recruitment efforts.
11    (e) The Department in placing children in adoptive or
12foster care homes may not, in any policy or practice relating
13to the placement of children for adoption or foster care,
14discriminate against any child or prospective adoptive or
15foster parent on the basis of race.
16(Source: P.A. 99-143, eff. 7-27-15; 99-340, eff. 1-1-16;
1799-642, eff. 7-28-16; 99-836, eff. 1-1-17; 100-101, eff.
188-11-17.)
 
19    (20 ILCS 505/7.3)
20    Sec. 7.3. Placement plan. The Department shall develop and
21implement a written plan for placing children. The plan shall
22include at least the following features:
23        (1) A plan for recruiting minority adoptive and foster
24    families. The plan shall include strategies for using
25    existing resources in minority communities, use of

 

 

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1    minority outreach staff whenever possible, use of minority
2    foster homes for placements after birth and before
3    adoption, and other techniques as appropriate.
4        (2) A plan for training adoptive and foster families
5    of minority children.
6        (3) A plan for employing social workers in adoption
7    and foster care. The plan shall include staffing goals and
8    objectives.
9        (4) A plan for ensuring that adoption and foster care
10    workers attend training offered or approved by the
11    Department regarding the State's goal of encouraging
12    cultural diversity and the needs of special needs
13    children.
14        (5) A plan that includes policies and procedures for
15    determining for each child requiring placement outside of
16    the child's his or her home, and who cannot be immediately
17    returned to the child's his or her parents or guardian,
18    the placement needs of that child. In the rare instance
19    when an individualized assessment identifies, documents,
20    and substantiates that race, color, or national origin is
21    a factor that needs to be considered in advancing a
22    particular child's best interests, it shall be considered
23    in making a placement.
24(Source: P.A. 92-334, eff. 8-10-01.)
 
25    (20 ILCS 505/7.3a)

 

 

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1    Sec. 7.3a. Normalcy parenting for children in foster care;
2participation in childhood activities.
3    (a) Legislative findings.
4        (1) Every day parents make important decisions about
5    their child's participation in extracurricular activities.
6    Caregivers for children in out-of-home care are faced with
7    making the same decisions.
8        (2) When a caregiver makes decisions, the caregiver he
9    or she must consider applicable laws, rules, and
10    regulations to safeguard the health, safety, and best
11    interests of a child in out-of-home care.
12        (3) Participation in extracurricular activities is
13    important to a child's well-being, not only emotionally,
14    but also in developing valuable life skills.
15        (4) The General Assembly recognizes the importance of
16    making every effort to normalize the lives of children in
17    out-of-home care and to empower a caregiver to approve or
18    not approve a child's participation in appropriate
19    extracurricular activities based on the caregiver's own
20    assessment using the reasonable and prudent parent
21    standard, without prior approval of the Department, the
22    caseworker, or the court.
23        (5) Nothing in this Section shall be presumed to
24    discourage or diminish the engagement of families and
25    guardians in the child's life activities.
26    (b) Definitions. As used in this Section:

 

 

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1    "Appropriate activities" means activities or items that
2are generally accepted as suitable for children of the same
3chronological age or developmental level of maturity.
4Appropriateness is based on the development of cognitive,
5emotional, physical, and behavioral capacity that is typical
6for an age or age group, taking into account the individual
7child's cognitive, emotional, physical, and behavioral
8development.
9    "Caregiver" means a person with whom the child is placed
10in out-of-home care or a designated official for child care
11facilities licensed by the Department as defined in the Child
12Care Act of 1969.
13    "Reasonable and prudent parent standard" means the
14standard characterized by careful and sensible parental
15decisions that maintain the child's health, safety, and best
16interests while at the same time supporting the child's
17emotional and developmental growth that a caregiver shall use
18when determining whether to allow a child in out-of-home care
19to participate in extracurricular, enrichment, cultural, and
20social activities.
21    (c) Requirements for decision-making.
22        (1) Each child who comes into the care and custody of
23    the Department is fully entitled to participate in
24    appropriate extracurricular, enrichment, cultural, and
25    social activities in a manner that allows that child to
26    participate in the child's his or her community to the

 

 

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1    fullest extent possible.
2        (2) Caregivers must use the reasonable and prudent
3    parent standard in determining whether to give permission
4    for a child in out-of-home care to participate in
5    appropriate extracurricular, enrichment, cultural, and
6    social activities. Caregivers are expected to promote and
7    support a child's participation in such activities. When
8    using the reasonable and prudent parent standard, the
9    caregiver shall consider:
10            (A) the child's age, maturity, and developmental
11        level to promote the overall health, safety, and best
12        interests of the child;
13            (B) the best interest of the child based on
14        information known by the caregiver;
15            (C) the importance and fundamental value of
16        encouraging the child's emotional and developmental
17        growth gained through participation in activities in
18        the child's his or her community;
19            (D) the importance and fundamental value of
20        providing the child with the most family-like living
21        experience possible; and
22            (E) the behavioral history of the child and the
23        child's ability to safely participate in the proposed
24        activity.
25        (3) A caregiver is not liable for harm caused to a
26    child in out-of-home care who participates in an activity

 

 

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1    approved by the caregiver, provided that the caregiver has
2    acted as a reasonable and prudent parent in permitting the
3    child to engage in the activity.
4    (c-5) No youth in care shall be required to store the
5youth's his or her belongings in plastic bags or in similar
6forms of disposable containers, including, but not limited to,
7trash bags, paper or plastic shopping bags, or pillow cases
8when relocating from one placement type to another placement
9type or when discharged from the custody or guardianship of
10the Department. The Department shall ensure that each youth in
11care has appropriate baggage and other items to store the
12youth's his or her belongings when moving through the State's
13child welfare system. As used in this subsection, "purchase of
14service agency" means any entity that contracts with the
15Department to provide services that are consistent with the
16purposes of this Act.
17    (d) Rulemaking. The Department shall adopt, by rule,
18procedures no later than June 1, 2017 that promote and protect
19the ability of children to participate in appropriate
20extracurricular, enrichment, cultural, and social activities.
21    (e) The Department shall ensure that every youth in care
22who is entering the youth's his or her final year of high
23school has completed a Free Application for Federal Student
24Aid form, if applicable, or an application for State financial
25aid on or after October 1, but no later than November 1, of the
26youth's final year of high school.

 

 

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1(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22;
2102-813, eff. 5-13-22.)
 
3    (20 ILCS 505/7.4)
4    Sec. 7.4. Development and preservation of sibling
5relationships for children in care; placement of siblings;
6contact among siblings placed apart.
7    (a) Purpose and policy. The General Assembly recognizes
8that sibling relationships are unique and essential for a
9person, but even more so for children who are removed from the
10care of their families and placed in the State child welfare
11system. When family separation occurs through State
12intervention, every effort must be made to preserve, support
13and nurture sibling relationships when doing so is in the best
14interest of each sibling. It is in the interests of foster
15children who are part of a sibling group to enjoy contact with
16one another, as long as the contact is in each child's best
17interest. This is true both while the siblings are in State
18care and after one or all of the siblings leave State care
19through adoption, guardianship, or aging out.
20    (b) Definitions. For purposes of this Section:
21        (1) Whenever a best interest determination is required
22    by this Section, the Department shall consider the factors
23    set out in subsection (4.05) of Section 1-3 of the
24    Juvenile Court Act of 1987 and the Department's rules
25    regarding Sibling Placement, 89 Ill. Adm. 111. Admin. Code

 

 

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1    301.70 and Sibling Visitation, 89 Ill. Adm. 111. Admin.
2    Code 301.220, and the Department's rules regarding
3    Placement Selection Criteria, 89 Ill. Adm. 111. Admin.
4    Code 301.60.
5        (2) "Adopted child" means a child who, immediately
6    preceding the adoption, was in the custody or guardianship
7    of the Illinois Department of Children and Family Services
8    under Article II of the Juvenile Court Act of 1987.
9        (3) "Adoptive parent" means a person who has become a
10    parent through the legal process of adoption.
11        (4) "Child" means a person in the temporary custody or
12    guardianship of the Department who is under the age of 21.
13        (5) "Child placed in private guardianship" means a
14    child who, immediately preceding the guardianship, was in
15    the custody or guardianship of the Illinois Department of
16    Children and Family Services under Article II of the
17    Juvenile Court Act.
18        (6) "Contact" may include, but is not limited to
19    visits, telephone calls, letters, sharing of photographs
20    or information, e-mails, video conferencing, and other
21    form of communication or contact.
22        (7) "Legal guardian" means a person who has become the
23    legal guardian of a child who, immediately prior to the
24    guardianship, was in the custody or guardianship of the
25    Illinois Department of Children and Family Services under
26    Article II of the Juvenile Court Act of 1987.

 

 

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1        (8) "Parent" means the child's mother or father who is
2    named as the respondent in proceedings conducted under
3    Article II of the Juvenile Court Act of 1987.
4        (9) "Post Permanency Sibling Contact" means contact
5    between siblings following the entry of a Judgment Order
6    for Adoption under Section 14 of the Adoption Act
7    regarding at least one sibling or an Order for
8    Guardianship appointing a private guardian under Section
9    2-27 or the Juvenile Court Act of 1987, regarding at least
10    one sibling. Post Permanency Sibling Contact may include,
11    but is not limited to, visits, telephone calls, letters,
12    sharing of photographs or information, emails, video
13    conferencing, and other forms form of communication or
14    connection agreed to by the parties to a Post Permanency
15    Sibling Contact Agreement.
16        (10) "Post Permanency Sibling Contact Agreement" means
17    a written agreement between the adoptive parent or
18    parents, the child, and the child's sibling regarding post
19    permanency contact between the adopted child and the
20    child's sibling, or a written agreement between the legal
21    guardians, the child, and the child's sibling regarding
22    post permanency contact between the child placed in
23    guardianship and the child's sibling. The Post Permanency
24    Sibling Contact Agreement may specify the nature and
25    frequency of contact between the adopted child or child
26    placed in guardianship and the child's sibling following

 

 

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1    the entry of the Judgment Order for Adoption or Order for
2    Private Guardianship. The Post Permanency Sibling Contact
3    Agreement may be supported by services as specified in
4    this Section. The Post Permanency Sibling Contact
5    Agreement is voluntary on the part of the parties to the
6    Post Permanency Sibling Contact Agreement and is not a
7    requirement for finalization of the child's adoption or
8    guardianship. The Post Permanency Sibling Contract
9    Agreement shall not be enforceable in any court of law or
10    administrative forum and no cause of action shall be
11    brought to enforce the Agreement. When entered into, the
12    Post Permanency Sibling Contact Agreement shall be placed
13    in the child's Post Adoption or Guardianship case record
14    and in the case file of a sibling who is a party to the
15    agreement and who remains in the Department's custody or
16    guardianship.
17        (11) "Sibling Contact Support Plan" means a written
18    document that sets forth the plan for future contact
19    between siblings who are in the Department's care and
20    custody and residing separately. The goal of the Support
21    Plan is to develop or preserve and nurture the siblings'
22    relationships. The Support Plan shall set forth the role
23    of the foster parents, caregivers, and others in
24    implementing the Support Plan. The Support Plan must meet
25    the minimum standards regarding frequency of in-person
26    visits provided for in Department rule.

 

 

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1        (12) "Siblings" means children who share at least one
2    parent in common. This definition of siblings applies
3    solely for purposes of placement and contact under this
4    Section. For purposes of this Section, children who share
5    at least one parent in common continue to be siblings
6    after their parent's parental rights are terminated, if
7    parental rights were terminated while a petition under
8    Article II of the Juvenile Court Act of 1987 was pending.
9    For purposes of this Section, children who share at least
10    one parent in common continue to be siblings after a
11    sibling is adopted or placed in private guardianship when
12    the adopted child or child placed in private guardianship
13    was in the Department's custody or guardianship under
14    Article II of the Juvenile Court Act of 1987 immediately
15    prior to the adoption or private guardianship. For
16    children who have been in the guardianship of the
17    Department under Article II of the Juvenile Court Act of
18    1987, have been adopted, and are subsequently returned to
19    the temporary custody or guardianship of the Department
20    under Article II of the Juvenile Court Act of 1987,
21    "siblings" includes a person who would have been
22    considered a sibling prior to the adoption and siblings
23    through adoption.
24    (c) No later than January 1, 2013, the Department shall
25promulgate rules addressing the development and preservation
26of sibling relationships. The rules shall address, at a

 

 

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1minimum:
2        (1) Recruitment, licensing, and support of foster
3    parents willing and capable of either fostering sibling
4    groups or supporting and being actively involved in
5    planning and executing sibling contact for siblings placed
6    apart. The rules shall address training for foster
7    parents, licensing workers, placement workers, and others
8    as deemed necessary.
9        (2) Placement selection for children who are separated
10    from their siblings and how to best promote placements of
11    children with foster parents or programs that can meet the
12    children's needs, including the need to develop and
13    maintain contact with siblings.
14        (3) State-supported guidance to siblings who have aged
15    out of state care regarding positive engagement with
16    siblings.
17        (4) Implementation of Post Permanency Sibling Contact
18    Agreements for children exiting State care, including
19    services offered by the Department to encourage and assist
20    parties in developing agreements, services offered by the
21    Department post permanency to support parties in
22    implementing and maintaining agreements, and including
23    services offered by the Department post permanency to
24    assist parties in amending agreements as necessary to meet
25    the needs of the children.
26        (5) Services offered by the Department for children

 

 

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1    who exited foster care prior to the availability of Post
2    Permanency Sibling Contact Agreements, to invite willing
3    parties to participate in a facilitated discussion,
4    including, but not limited to, a mediation or joint team
5    decision-making meeting, to explore sibling contact.
6    (d) The Department shall develop a form to be provided to
7youth entering care and exiting care explaining their rights
8and responsibilities related to sibling visitation while in
9care and post permanency.
10    (e) Whenever a child enters care or requires a new
11placement, the Department shall consider the development and
12preservation of sibling relationships.
13        (1) This subsection applies when a child entering care
14    or requiring a change of placement has siblings who are in
15    the custody or guardianship of the Department. When a
16    child enters care or requires a new placement, the
17    Department shall examine its files and other available
18    resources and determine whether a sibling of that child is
19    in the custody or guardianship of the Department. If the
20    Department determines that a sibling is in its custody or
21    guardianship, the Department shall then determine whether
22    it is in the best interests of each of the siblings for the
23    child needing placement to be placed with the sibling. If
24    the Department determines that it is in the best interest
25    of each sibling to be placed together, and the sibling's
26    foster parent is able and willing to care for the child

 

 

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1    needing placement, the Department shall place the child
2    needing placement with the sibling. A determination that
3    it is not in a child's best interest to be placed with a
4    sibling shall be made in accordance with Department rules,
5    and documented in the file of each sibling.
6        (2) This subsection applies when a child who is
7    entering care has siblings who have been adopted or placed
8    in private guardianship. When a child enters care, the
9    Department shall examine its files and other available
10    resources, including consulting with the child's parents,
11    to determine whether a sibling of the child was adopted or
12    placed in private guardianship from State care. The
13    Department shall determine, in consultation with the
14    child's parents, whether it would be in the child's best
15    interests to explore placement with the adopted sibling or
16    sibling in guardianship. Unless the parent objects, if the
17    Department determines it is in the child's best interest
18    to explore the placement, the Department shall contact the
19    adoptive parents or guardians of the sibling, determine
20    whether they are willing to be considered as placement
21    resources for the child, and, if so, determine whether it
22    is in the best interests of the child to be placed in the
23    home with the sibling. If the Department determines that
24    it is in the child's best interests to be placed in the
25    home with the sibling, and the sibling's adoptive parents
26    or guardians are willing and capable, the Department shall

 

 

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1    make the placement. A determination that it is not in a
2    child's best interest to be placed with a sibling shall be
3    made in accordance with Department rule, and documented in
4    the child's file.
5        (3) This subsection applies when a child in Department
6    custody or guardianship requires a change of placement,
7    and the child has siblings who have been adopted or placed
8    in private guardianship. When a child in care requires a
9    new placement, the Department may consider placing the
10    child with the adoptive parent or guardian of a sibling
11    under the same procedures and standards set forth in
12    paragraph (2) of this subsection.
13        (4) When the Department determines it is not in the
14    best interest of one or more siblings to be placed
15    together the Department shall ensure that the child
16    requiring placement is placed in a home or program where
17    the caregiver is willing and able to be actively involved
18    in supporting the sibling relationship to the extent doing
19    so is in the child's best interest.
20    (f) When siblings in care are placed in separate
21placements, the Department shall develop a Sibling Contact
22Support Plan. The Department shall convene a meeting to
23develop the Support Plan. The meeting shall include, at a
24minimum, the case managers for the siblings, the foster
25parents or other care providers if a child is in a non-foster
26home placement and the child, when developmentally and

 

 

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1clinically appropriate. The Department shall make all
2reasonable efforts to promote the participation of the foster
3parents. Parents whose parental rights are intact shall be
4invited to the meeting. Others, such as therapists and
5mentors, shall be invited as appropriate. The Support Plan
6shall set forth future contact and visits between the siblings
7to develop or preserve, and nurture the siblings'
8relationships. The Support Plan shall set forth the role of
9the foster parents and caregivers and others in implementing
10the Support Plan. The Support Plan must meet the minimum
11standards regarding frequency of in-person visits provided for
12in Department rule. The Support Plan will be incorporated in
13the child's service plan and reviewed at each administrative
14case review. The Support Plan should be modified if one of the
15children moves to a new placement, or as necessary to meet the
16needs of the children. The Sibling Contact Support Plan for a
17child in care may include siblings who are not in the care of
18the Department, with the consent and participation of that
19child's parent or guardian.
20    (g) By January 1, 2013, the Department shall develop a
21registry so that placement information regarding adopted
22siblings and siblings in private guardianship is readily
23available to Department and private agency caseworkers
24responsible for placing children in the Department's care.
25When a child is adopted or placed in private guardianship from
26foster care the Department shall inform the adoptive parents

 

 

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1or guardians that they may be contacted in the future
2regarding placement of or contact with siblings subsequently
3requiring placement.
4    (h) When a child is in need of an adoptive placement, the
5Department shall examine its files and other available
6resources and attempt to determine whether a sibling of the
7child has been adopted or placed in private guardianship after
8being in the Department's custody or guardianship. If the
9Department determines that a sibling of the child has been
10adopted or placed in private guardianship, the Department
11shall make a good faith effort to locate the adoptive parents
12or guardians of the sibling and inform them of the
13availability of the child for adoption. The Department may
14determine not to inform the adoptive parents or guardians of a
15sibling of a child that the child is available for adoption
16only for a reason permitted under criteria adopted by the
17Department by rule, and documented in the child's case file.
18If a child available for adoption has a sibling who has been
19adopted or placed in guardianship, and the adoptive parents or
20guardians of that sibling apply to adopt the child, the
21Department shall consider them as adoptive applicants for the
22adoption of the child. The Department's final decision as to
23whether it will consent to the adoptive parents or guardians
24of a sibling being the adoptive parents of the child shall be
25based upon the welfare and best interest of the child. In
26arriving at its decision, the Department shall consider all

 

 

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1relevant factors, including, but not limited to:
2        (1) the wishes of the child;
3        (2) the interaction and interrelationship of the child
4    with the applicant to adopt the child;
5        (3) the child's need for stability and continuity of
6    relationship with parent figures;
7        (4) the child's adjustment to the child's his or her
8    present home, school, and community;
9        (5) the mental and physical health of all individuals
10    involved;
11        (6) the family ties between the child and the child's
12    relatives, including siblings;
13        (7) the background, age, and living arrangements of
14    the applicant to adopt the child;
15        (8) a criminal background report of the applicant to
16    adopt the child.
17    If placement of the child available for adoption with the
18adopted sibling or sibling in private guardianship is not
19feasible, but it is in the child's best interest to develop a
20relationship with the child's his or her sibling, the
21Department shall invite the adoptive parents, guardian, or
22guardians for a mediation or joint team decision-making
23meeting to facilitate a discussion regarding future sibling
24contact.
25    (i) Post Permanency Sibling Contact Agreement. When a
26child in the Department's care has a permanency goal of

 

 

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1adoption or private guardianship, and the Department is
2preparing to finalize the adoption or guardianship, the
3Department shall convene a meeting with the pre-adoptive
4parent or prospective guardian and the case manager for the
5child being adopted or placed in guardianship and the foster
6parents and case managers for the child's siblings, and others
7as applicable. The children should participate as is
8developmentally appropriate. Others, such as therapists and
9mentors, may participate as appropriate. At the meeting the
10Department shall encourage the parties to discuss sibling
11contact post permanency. The Department may assist the parties
12in drafting a Post Permanency Sibling Contact Agreement.
13        (1) Parties to the Post Permanency Sibling Contact
14    Agreement shall include:
15            (A) The adoptive parent or parents or guardian.
16            (B) The child's sibling or siblings, parents or
17        guardians.
18            (C) The child.
19        (2) Consent of child 14 and over. The written consent
20    of a child age 14 and over to the terms and conditions of
21    the Post Permanency Sibling Contact Agreement and
22    subsequent modifications is required.
23        (3) In developing this Agreement, the Department shall
24    encourage the parties to consider the following factors:
25            (A) the physical and emotional safety and welfare
26        of the child;

 

 

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1            (B) the child's wishes;
2            (C) the interaction and interrelationship of the
3        child with the child's sibling or siblings who would
4        be visiting or communicating with the child,
5        including:
6                (i) the quality of the relationship between
7            the child and the sibling or siblings, and
8                (ii) the benefits and potential harms to the
9            child in allowing the relationship or
10            relationships to continue or in ending them;
11            (D) the child's sense of attachments to the birth
12        sibling or siblings and adoptive family, including:
13                (i) the child's sense of being valued;
14                (ii) the child's sense of familiarity; and
15                (iii) continuity of affection for the child;
16            and
17            (E) other factors relevant to the best interest of
18        the child.
19        (4) In considering the factors in paragraph (3) of
20    this subsection, the Department shall encourage the
21    parties to recognize the importance to a child of
22    developing a relationship with siblings including siblings
23    with whom the child does not yet have a relationship; and
24    the value of preserving family ties between the child and
25    the child's siblings, including:
26            (A) the child's need for stability and continuity

 

 

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1        of relationships with siblings, and
2            (B) the importance of sibling contact in the
3        development of the child's identity.
4        (5) Modification or termination of Post Permanency
5    Sibling Contact Agreement. The parties to the agreement
6    may modify or terminate the Post Permanency Sibling
7    Contact Agreement. If the parties cannot agree to
8    modification or termination, they may request the
9    assistance of the Department of Children and Family
10    Services or another agency identified and agreed upon by
11    the parties to the Post Permanency Sibling Contact
12    Agreement. Any and all terms may be modified by agreement
13    of the parties. Post Permanency Sibling Contact Agreements
14    may also be modified to include contact with siblings
15    whose whereabouts were unknown or who had not yet been
16    born when the Judgment Order for Adoption or Order for
17    Private Guardianship was entered.
18        (6) Adoptions and private guardianships finalized
19    prior to the effective date of amendatory Act. Nothing in
20    this Section prohibits the parties from entering into a
21    Post Permanency Sibling Contact Agreement if the adoption
22    or private guardianship was finalized prior to the
23    effective date of this Section. If the Agreement is
24    completed and signed by the parties, the Department shall
25    include the Post Permanency Sibling Contact Agreement in
26    the child's Post Adoption or Private Guardianship case

 

 

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1    record and in the case file of siblings who are parties to
2    the agreement who are in the Department's custody or
3    guardianship.
4(Source: P.A. 97-1076, eff. 8-24-12; 98-463, eff. 8-16-13;
5revised 2-28-22.)
 
6    (20 ILCS 505/7.5)
7    (Text of Section before amendment by P.A. 102-825)
8    Sec. 7.5. Notice of post-adoption reunion services.
9    (a) For purposes of this Section, "post-adoption reunion
10services" means services provided by the Department to
11facilitate contact between adoptees and their siblings when
12one or more is still in the Department's care or adopted
13elsewhere, with the notarized consent of the adoptive parents
14of a minor child, when such contact has been established to be
15necessary to the adoptee's best interests and when all
16involved parties, including the adoptive parent of a child
17under 21 years of age, have provided written consent for such
18contact.
19    (b) The Department shall provide to all adoptive parents
20of children receiving monthly adoption assistance under
21subsection (j) of Section 5 of this Act a notice that includes
22a description of the Department's post-adoption reunion
23services and an explanation of how to access those services.
24The notice to adoptive parents shall be provided at least once
25per year until such time as the adoption assistance payments

 

 

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1cease.
2    The Department shall also provide to all youth in care,
3within 30 days after their 18th birthday, the notice described
4in this Section.
5    (c) The Department shall adopt a rule regarding the
6provision of search and reunion services to youth in care and
7former youth in care.
8(Source: P.A. 100-159, eff. 8-18-17.)
 
9    (Text of Section after amendment by P.A. 102-825)
10    Sec. 7.5. Search and reunion services for youth in care
11and former youth in care.
12    (a) For purposes of this Section, "search and reunion
13services" means:
14        (1) services provided by the Department to facilitate
15    contact between adoptees and their siblings when one or
16    more is still in the Department's care or adopted
17    elsewhere, with the notarized consent of the adoptive
18    parents of a minor child, when such contact has been
19    established to be necessary to the adoptee's best
20    interests and when all involved parties, including the
21    adoptive parent of a former youth in care under 18 years of
22    age, have provided written consent for such contact;
23        (2) services provided by the Department to facilitate
24    contact between current or former youth in care, over the
25    age of 18, including, but not limited to, youth who were

 

 

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1    adopted, to facilitate contact with siblings, birth
2    biological relatives, former foster parents, or former
3    foster siblings.
4    (b) The Department shall provide to all adoptive parents
5of children receiving monthly adoption assistance under
6subsection (j) of Section 5 of this Act a notice that includes
7a description of the Department's post-adoption reunion
8services and an explanation of how to access those services.
9The notice to adoptive parents shall be provided at least once
10per year until such time as the adoption assistance payments
11cease.
12    (b-5) The Department shall provide a notice that includes
13a description of the Department's search and reunion services
14and an explanation of how to access those services to each
15person who is a youth in care within 30 days after the youth's
1618th birthday and within 30 days prior to closure of the
17youth's case pending under Article II of the Juvenile Court
18Act of 1987 if the case is closing after the youth's 18th
19birthday. The Department shall work with organizations, such
20as the Foster Care Alumni of America Illinois Chapter, that
21have contact with foster care alumni, to distribute
22information about the Department's search and reunion
23services.
24    (c) The Department shall adopt a rule regarding the
25provision of search and reunion services to youth in care and
26former youth in care.

 

 

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1(Source: P.A. 102-825, eff. 7-1-23.)
 
2    (20 ILCS 505/7.8)
3    Sec. 7.8. Home safety checklist; aftercare services;
4immunization checks.
5    (a) As used in this Section, "purchase of service agency"
6means any entity that contracts with the Department to provide
7services that are consistent with the purposes of this Act.
8    (b) Whenever a child is placed in the custody or
9guardianship of the Department or a child is returned to the
10custody of a parent or guardian and the court retains
11jurisdiction of the case, the Department must ensure that the
12child is up to date on the child's his or her well-child
13visits, including age-appropriate immunizations, or that there
14is a documented religious or medical reason the child did not
15receive the immunizations.
16    (c) Whenever a child has been placed in foster or
17substitute care by court order and the court later determines
18that the child can return to the custody of the child's his or
19her parent or guardian, the Department must complete, prior to
20the child's discharge from foster or substitute care, a home
21safety checklist to ensure that the conditions of the child's
22home are sufficient to ensure the child's safety and
23well-being, as defined in Department rules and procedures. At
24a minimum, the home safety checklist shall be completed within
2524 hours prior to the child's return home and completed again

 

 

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1or recertified in the absence of any environmental barriers or
2hazards within 5 working days after a child is returned home
3and every month thereafter until the child's case is closed
4pursuant to the Juvenile Court Act of 1987. The home safety
5checklist shall include a certification that there are no
6environmental barriers or hazards to prevent returning the
7child home.
8    (d) When a court determines that a child should return to
9the custody or guardianship of a parent or guardian, any
10aftercare services provided to the child and the child's
11family by the Department or a purchase of service agency shall
12commence on the date upon which the child is returned to the
13custody or guardianship of the child's his or her parent or
14guardian. If children are returned to the custody of a parent
15at different times, the Department or purchase of service
16agency shall provide a minimum of 6 months of aftercare
17services to each child commencing on the date each individual
18child is returned home.
19    (e) One year after the effective date of this amendatory
20Act of the 101st General Assembly, the Auditor General shall
21commence a performance audit of the Department of Children and
22Family Services to determine whether the Department is meeting
23the requirements of this Section. Within 2 years after the
24audit's release, the Auditor General shall commence a
25follow-up performance audit to determine whether the
26Department has implemented the recommendations contained in

 

 

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1the initial performance audit. Upon completion of each audit,
2the Auditor General shall report its findings to the General
3Assembly. The Auditor General's reports shall include any
4issues or deficiencies and recommendations. The audits
5required by this Section shall be in accordance with and
6subject to the Illinois State Auditing Act.
7(Source: P.A. 101-237, eff. 1-1-20.)
 
8    (20 ILCS 505/8)  (from Ch. 23, par. 5008)
9    Sec. 8. Scholarships and fee waivers; tuition waiver.
10    (a) Each year the Department shall select a minimum of 53
11students (at least 4 of whom shall be children of veterans) to
12receive scholarships and fee waivers which will enable them to
13attend and complete their post-secondary education at a
14community college, university, or college. Youth shall be
15selected from among the youth for whom the Department has
16court-ordered legal responsibility, youth who aged out of care
17at age 18 or older, or youth formerly under care who have been
18adopted or who have been placed in private guardianship.
19Recipients must have earned a high school diploma from an
20accredited institution or a State of Illinois High School
21Diploma or diploma or have met the State criteria for high
22school graduation before the start of the school year for
23which they are applying for the scholarship and waiver.
24Scholarships and fee waivers shall be available to students
25for at least 5 years, provided they are continuing to work

 

 

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1toward graduation. Unused scholarship dollars and fee waivers
2shall be reallocated to new recipients. No later than January
31, 2015, the Department shall promulgate rules identifying the
4criteria for "continuing to work toward graduation" and for
5reallocating unused scholarships and fee waivers. Selection
6shall be made on the basis of several factors, including, but
7not limited to, scholastic record, aptitude, and general
8interest in higher education. The selection committee shall
9include at least 2 individuals formerly under the care of the
10Department who have completed their post-secondary education.
11In accordance with this Act, tuition scholarships and fee
12waivers shall be available to such students at any university
13or college maintained by the State of Illinois. The Department
14shall provide maintenance and school expenses, except tuition
15and fees, during the academic years to supplement the
16students' earnings or other resources so long as they
17consistently maintain scholastic records which are acceptable
18to their schools and to the Department. Students may attend
19other colleges and universities, if scholarships are awarded
20to them, and receive the same benefits for maintenance and
21other expenses as those students attending any Illinois State
22community college, university, or college under this Section.
23Beginning with recipients receiving scholarships and waivers
24in August 2014, the Department shall collect data and report
25annually to the General Assembly on measures of success,
26including (i) the number of youth applying for and receiving

 

 

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1scholarships or waivers, (ii) the percentage of scholarship or
2waiver recipients who complete their college or university
3degree within 5 years, (iii) the average length of time it
4takes for scholarship or waiver recipients to complete their
5college or university degree, (iv) the reasons that
6scholarship or waiver recipients are discharged or fail to
7complete their college or university degree, (v) when
8available, youths' outcomes 5 years and 10 years after being
9awarded the scholarships or waivers, and (vi) budget
10allocations for maintenance and school expenses incurred by
11the Department.
12    (b) Youth shall receive a tuition and fee waiver to assist
13them in attending and completing their post-secondary
14education at any community college, university, or college
15maintained by the State of Illinois if they are youth for whom
16the Department has court-ordered legal responsibility, youth
17who aged out of care at age 18 or older, or youth formerly
18under care who have been adopted and were the subject of an
19adoption assistance agreement or who have been placed in
20private guardianship and were the subject of a subsidized
21guardianship agreement.
22    To receive a waiver under this subsection, an applicant
23must:
24        (1) have earned a high school diploma from an
25    accredited institution or a State of Illinois High School
26    Diploma or have met the State criteria for high school

 

 

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1    graduation before the start of the school year for which
2    the applicant is applying for the waiver;
3        (2) enroll in a qualifying post-secondary education
4    before the applicant reaches the age of 26; and
5        (3) apply for federal and State grant assistance by
6    completing the Free Application for Federal Student Aid.
7    The community college or public university that an
8applicant attends must waive any tuition and fee amounts that
9exceed the amounts paid to the applicant under the federal
10Pell Grant Program or the State's Monetary Award Program.
11    Tuition and fee waivers shall be available to a student
12for at least the first 5 years the student is enrolled in a
13community college, university, or college maintained by the
14State of Illinois so long as the student makes satisfactory
15progress toward completing the student's his or her degree.
16The age requirement and 5-year cap on tuition and fee waivers
17under this subsection shall be waived and eligibility for
18tuition and fee waivers shall be extended for any applicant or
19student who the Department determines was unable to enroll in
20a qualifying post-secondary school or complete an academic
21term because the applicant or student: (i) was called into
22active duty with the United States Armed Forces; (ii) was
23deployed for service in the United States Public Health
24Service Commissioned Corps; or (iii) volunteered in the Peace
25Corps or the AmeriCorps. The Department shall extend
26eligibility for a qualifying applicant or student by the total

 

 

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1number of months or years during which the applicant or
2student served on active duty with the United States Armed
3Forces, was deployed for service in the United States Public
4Health Service Commissioned Corps, or volunteered in the Peace
5Corps or the AmeriCorps. The number of months an applicant or
6student served on active duty with the United States Armed
7Forces shall be rounded up to the next higher year to determine
8the maximum length of time to extend eligibility for the
9applicant or student.
10    The Department may provide the student with a stipend to
11cover maintenance and school expenses, except tuition and
12fees, during the academic years to supplement the student's
13earnings or other resources so long as the student
14consistently maintains scholastic records which are acceptable
15to the student's school and to the Department.
16    The Department shall develop outreach programs to ensure
17that youths who qualify for the tuition and fee waivers under
18this subsection who are high school students in grades 9
19through 12 or who are enrolled in a high school equivalency
20testing program are aware of the availability of the tuition
21and fee waivers.
22    (c) Subject to appropriation, the Department shall provide
23eligible youth an apprenticeship stipend to cover those costs
24associated with entering and sustaining through completion an
25apprenticeship, including, but not limited to fees, tuition
26for classes, work clothes, rain gear, boots, and

 

 

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1occupation-specific tools. The following youth may be eligible
2for the apprenticeship stipend provided under this subsection:
3youth for whom the Department has court-ordered legal
4responsibility; youth who aged out of care at age 18 or older;
5or youth formerly under care who have been adopted and were the
6subject of an adoption assistance agreement or who have been
7placed in private guardianship and were the subject of a
8subsidized guardianship agreement.
9    To receive a stipend under this subsection, an applicant
10must:
11        (1) be enrolled in an apprenticeship training program
12    approved or recognized by the Illinois Department of
13    Employment Security or an apprenticeship program approved
14    by the United States Department of Labor;
15        (2) not be a recipient of a scholarship or fee waiver
16    under subsection (a) or (b); and
17        (3) be under the age of 26 before enrolling in a
18    qualified apprenticeship program.
19    Apprenticeship stipends shall be available to an eligible
20youth for a maximum of 5 years after the youth enrolls in a
21qualifying apprenticeship program so long as the youth makes
22satisfactory progress toward completing the youth's his or her
23apprenticeship. The age requirement and 5-year cap on the
24apprenticeship stipend provided under this subsection shall be
25extended for any applicant who the Department determines was
26unable to enroll in a qualifying apprenticeship program

 

 

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1because the applicant: (i) was called into active duty with
2the United States Armed Forces; (ii) was deployed for service
3in the United States Public Health Service Commissioned Corps;
4or (iii) volunteered in the Peace Corps or the AmeriCorps. The
5Department shall extend eligibility for a qualifying applicant
6by the total number of months or years during which the
7applicant served on active duty with the United States Armed
8Forces, was deployed for service in the United States Public
9Health Service Commissioned Corps, or volunteered in the Peace
10Corps or the AmeriCorps. The number of months an applicant
11served on active duty with the United States Armed Forces
12shall be rounded up to the next higher year to determine the
13maximum length of time to extend eligibility for the
14applicant.
15    The Department shall develop outreach programs to ensure
16that youths who qualify for the apprenticeship stipends under
17this subsection who are high school students in grades 9
18through 12 or who are enrolled in a high school equivalency
19testing program are aware of the availability of the
20apprenticeship stipend.
21(Source: P.A. 101-558, eff. 1-1-20; 102-1100, eff. 1-1-23;
22revised 12-8-22.)
 
23    (20 ILCS 505/8a)  (from Ch. 23, par. 5008a)
24    Sec. 8a. No otherwise qualified child with a disability
25receiving special education and related services under Article

 

 

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114 of The School Code shall solely by reason of the child's his
2or her disability be excluded from the participation in or be
3denied the benefits of or be subjected to discrimination under
4any program or activity provided by the Department.
5    The Department, or its authorized agent, shall ensure that
6a copy of a student's then current individualized education
7program (IEP) is provided to the school district in which the
8student is newly placed by the Department. Upon receipt of the
9IEP, the new school district shall review it and place the
10student in a special education program in accordance with that
11described in the IEP. The Department shall consult with the
12State Board of Education in the development of necessary rules
13and regulations to implement this provision.
14(Source: P.A. 87-372.)
 
15    (20 ILCS 505/8b)  (from Ch. 23, par. 5008b)
16    Sec. 8b. No homeless person eligible to receive benefits
17or services from the Department shall, by reason of the
18homeless person's his or her status as a homeless person, be
19excluded from participation in, be denied benefits under or be
20subjected to discrimination under any program or activity
21provided by the Department.
22(Source: P.A. 84-1277.)
 
23    (20 ILCS 505/9.3)  (from Ch. 23, par. 5009.3)
24    Sec. 9.3. Declarations by Parents and Guardians.

 

 

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1Information requested of parents and guardians shall be
2submitted on forms or questionnaires prescribed by the
3Department or units of local government as the case may be and
4shall contain a written declaration to be signed by the parent
5or guardian in substantially the following form:
6    "I declare under penalties of perjury that I have examined
7this form or questionnaire and all accompanying statements or
8documents pertaining to my income, or any other matter having
9bearing upon my status and ability to provide payment for care
10and training of my child, and to the best of my knowledge and
11belief the information supplied is true, correct, and
12complete".
13    A person who makes and subscribes a form or questionnaire
14which contains, as herein above provided, a written
15declaration that it is made under the penalties of perjury,
16knowing it to be false, incorrect or incomplete, in respect to
17any material statement or representative bearing upon the
18parent's or guardian's his status as a parent or guardian, or
19upon the parent's or guardian's his income, resources, or
20other matter concerning the parent's or guardian's his ability
21to provide parental payment, shall be subject to the penalties
22for perjury provided for in Section 32-2 of the Criminal Code
23of 2012.
24    Parents who refuse to provide such information after three
25written requests from the Department will be liable for the
26full cost of care provided, from the commencement of such care

 

 

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1until the required information is received.
2(Source: P.A. 97-1150, eff. 1-25-13.)
 
3    (20 ILCS 505/9.5)  (from Ch. 23, par. 5009.5)
4    Sec. 9.5. Notice of Parental Payments Due. When the
5Department has determined that a parent or guardian is liable
6for payment for care and support of the parent's or guardian's
7his children, the parent or guardian shall be notified by
8mailing the parent or guardian him a copy of the determination
9by mail, advising the parent or guardian him of the parent's or
10guardian's his legal obligation to make payments for such
11period or periods of time, definite in duration or indefinite,
12as the circumstances required. The notice shall direct payment
13as provided in Section 9.6.
14    Within 30 days after receipt of a payment notice, the
15parents may appeal the assessment amount if the data used in
16determining the amount is inaccurate or incomplete. Parents
17may also appeal the assessment at any time on the basis of
18changes in their circumstances which render inaccurate
19information on which the assessment is based. If the changes
20requested in a parental appeal are granted, the Department may
21modify its assessment retroactively to the appropriate date
22and adjust any amount in arrears accordingly.
23(Source: P.A. 83-1037.)
 
24    (20 ILCS 505/17)  (from Ch. 23, par. 5017)

 

 

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1    Sec. 17. Youth and Community Services Program. The
2Department of Human Services shall develop a State program for
3youth and community services which will assure that youth who
4come into contact or may come into contact with the child
5welfare and the juvenile justice systems will have access to
6needed community, prevention, diversion, emergency and
7independent living services. The term "youth" means a person
8under the age of 19 years. The term "homeless youth" means a
9youth who cannot be reunited with the youth's his or her family
10and is not in a safe and stable living situation. This Section
11shall not be construed to require the Department of Human
12Services to provide services under this Section to any
13homeless youth who is at least 18 years of age but is younger
14than 19 years of age; however, the Department may, in its
15discretion, provide services under this Section to any such
16homeless youth.
17    (a) The goals of the program shall be to:
18        (1) maintain children and youths in their own
19    community;
20        (2) eliminate unnecessary categorical funding of
21    programs by funding more comprehensive and integrated
22    programs;
23        (3) encourage local volunteers and voluntary
24    associations in developing programs aimed at preventing
25    and controlling juvenile delinquency;
26        (4) address voids in services and close service gaps;

 

 

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1        (5) develop program models aimed at strengthening the
2    relationships between youth and their families and aimed
3    at developing healthy, independent lives for homeless
4    youth;
5        (6) contain costs by redirecting funding to more
6    comprehensive and integrated community-based services; and
7        (7) coordinate education, employment, training and
8    other programs for youths with other State agencies.
9    (b) The duties of the Department under the program shall
10be to:
11        (1) design models for service delivery by local
12    communities;
13        (2) test alternative systems for delivering youth
14    services;
15        (3) develop standards necessary to achieve and
16    maintain, on a statewide basis, more comprehensive and
17    integrated community-based youth services;
18        (4) monitor and provide technical assistance to local
19    boards and local service systems;
20        (5) assist local organizations in developing programs
21    which address the problems of youths and their families
22    through direct services, advocacy with institutions, and
23    improvement of local conditions; and
24        (6) develop a statewide adoption awareness campaign
25    aimed at pregnant teenagers.
26(Source: P.A. 89-507, eff. 7-1-97.)
 

 

 

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1    (20 ILCS 505/21)  (from Ch. 23, par. 5021)
2    Sec. 21. Investigative powers; training.
3    (a) To make such investigations as it may deem necessary
4to the performance of its duties.
5    (b) In the course of any such investigation any qualified
6person authorized by the Director may administer oaths and
7secure by its subpoena both the attendance and testimony of
8witnesses and the production of books and papers relevant to
9such investigation. Any person who is served with a subpoena
10by the Department to appear and testify or to produce books and
11papers, in the course of an investigation authorized by law,
12and who refuses or neglects to appear, or to testify, or to
13produce books and papers relevant to such investigation, as
14commanded in such subpoena, shall be guilty of a Class B
15misdemeanor. The fees of witnesses for attendance and travel
16shall be the same as the fees of witnesses before the circuit
17courts of this State. Any circuit court of this State, upon
18application of the person requesting the hearing or the
19Department, may compel the attendance of witnesses, the
20production of books and papers, and giving of testimony before
21the Department or before any authorized officer or employee
22thereof, by an attachment for contempt or otherwise, in the
23same manner as production of evidence may be compelled before
24such court. Every person who, having taken an oath or made
25affirmation before the Department or any authorized officer or

 

 

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1employee thereof, shall willfully swear or affirm falsely,
2shall be guilty of perjury and upon conviction shall be
3punished accordingly.
4    (c) Investigations initiated under this Section shall
5provide individuals due process of law, including the right to
6a hearing, to cross-examine witnesses, to obtain relevant
7documents, and to present evidence. Administrative findings
8shall be subject to the provisions of the Administrative
9Review Law.
10    (d) Beginning July 1, 1988, any child protective
11investigator or supervisor or child welfare specialist or
12supervisor employed by the Department on the effective date of
13this amendatory Act of 1987 shall have completed a training
14program which shall be instituted by the Department. The
15training program shall include, but not be limited to, the
16following: (1) training in the detection of symptoms of child
17neglect and drug abuse; (2) specialized training for dealing
18with families and children of drug abusers; and (3) specific
19training in child development, family dynamics and interview
20techniques. Such program shall conform to the criteria and
21curriculum developed under Section 4 of the Child Protective
22Investigator and Child Welfare Specialist Certification Act of
231987. Failure to complete such training due to lack of
24opportunity provided by the Department shall in no way be
25grounds for any disciplinary or other action against an
26investigator or a specialist.

 

 

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1    The Department shall develop a continuous inservice staff
2development program and evaluation system. Each child
3protective investigator and supervisor and child welfare
4specialist and supervisor shall participate in such program
5and evaluation and shall complete a minimum of 20 hours of
6inservice education and training every 2 years in order to
7maintain certification.
8    Any child protective investigator or child protective
9supervisor, or child welfare specialist or child welfare
10specialist supervisor hired by the Department who begins his
11actual employment after the effective date of this amendatory
12Act of 1987, shall be certified pursuant to the Child
13Protective Investigator and Child Welfare Specialist
14Certification Act of 1987 before beginning he begins such
15employment. Nothing in this Act shall replace or diminish the
16rights of employees under the Illinois Public Labor Relations
17Act, as amended, or the National Labor Relations Act. In the
18event of any conflict between either of those Acts, or any
19collective bargaining agreement negotiated thereunder, and the
20provisions of subsections (d) and (e), the former shall
21prevail and control.
22    (e) The Department shall develop and implement the
23following:
24        (1) A standardized child endangerment risk assessment
25    protocol.
26        (2) Related training procedures.

 

 

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1        (3) A standardized method for demonstration of
2    proficiency in application of the protocol.
3        (4) An evaluation of the reliability and validity of
4    the protocol.
5All child protective investigators and supervisors and child
6welfare specialists and supervisors employed by the Department
7or its contractors shall be required, subsequent to the
8availability of training under this Act, to demonstrate
9proficiency in application of the protocol previous to being
10permitted to make decisions about the degree of risk posed to
11children for whom they are responsible. The Department shall
12establish a multi-disciplinary advisory committee appointed by
13the Director, including but not limited to representatives
14from the fields of child development, domestic violence,
15family systems, juvenile justice, law enforcement, health
16care, mental health, substance abuse, and social service to
17advise the Department and its related contractors in the
18development and implementation of the child endangerment risk
19assessment protocol, related training, method for
20demonstration of proficiency in application of the protocol,
21and evaluation of the reliability and validity of the
22protocol. The Department shall develop the protocol, training
23curriculum, method for demonstration of proficiency in
24application of the protocol and method for evaluation of the
25reliability and validity of the protocol by July 1, 1995.
26Training and demonstration of proficiency in application of

 

 

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1the child endangerment risk assessment protocol for all child
2protective investigators and supervisors and child welfare
3specialists and supervisors shall be completed as soon as
4practicable, but no later than January 1, 1996. The Department
5shall submit to the General Assembly on or before May 1, 1996,
6and every year thereafter, an annual report on the evaluation
7of the reliability and validity of the child endangerment risk
8assessment protocol. The Department shall contract with a not
9for profit organization with demonstrated expertise in the
10field of child endangerment risk assessment to assist in the
11development and implementation of the child endangerment risk
12assessment protocol, related training, method for
13demonstration of proficiency in application of the protocol,
14and evaluation of the reliability and validity of the
15protocol.
16    (f) The Department shall provide each parent or guardian
17and responsible adult caregiver participating in a safety plan
18a copy of the written safety plan as signed by each parent or
19guardian and responsible adult caregiver and by a
20representative of the Department. The Department shall also
21provide each parent or guardian and responsible adult
22caregiver safety plan information on their rights and
23responsibilities that shall include, but need not be limited
24to, information on how to obtain medical care, emergency phone
25numbers, and information on how to notify schools or day care
26providers as appropriate. The Department's representative

 

 

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1shall ensure that the safety plan is reviewed and approved by
2the child protection supervisor.
3(Source: P.A. 98-830, eff. 1-1-15.)
 
4    (20 ILCS 505/35.5)
5    Sec. 35.5. Inspector General.
6    (a) The Governor shall appoint, and the Senate shall
7confirm, an Inspector General who shall have the authority to
8conduct investigations into allegations of or incidents of
9possible misconduct, misfeasance, malfeasance, or violations
10of rules, procedures, or laws by any employee, foster parent,
11service provider, or contractor of the Department of Children
12and Family Services, except for allegations of violations of
13the State Officials and Employees Ethics Act which shall be
14referred to the Office of the Governor's Executive Inspector
15General for investigation. The Inspector General shall make
16recommendations to the Director of Children and Family
17Services concerning sanctions or disciplinary actions against
18Department employees or providers of service under contract to
19the Department. The Director of Children and Family Services
20shall provide the Inspector General with an implementation
21report on the status of any corrective actions taken on
22recommendations under review and shall continue sending
23updated reports until the corrective action is completed. The
24Director shall provide a written response to the Inspector
25General indicating the status of any sanctions or disciplinary

 

 

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1actions against employees or providers of service involving
2any investigation subject to review. In any case, information
3included in the reports to the Inspector General and
4Department responses shall be subject to the public disclosure
5requirements of the Abused and Neglected Child Reporting Act.
6Any investigation conducted by the Inspector General shall be
7independent and separate from the investigation mandated by
8the Abused and Neglected Child Reporting Act. The Inspector
9General shall be appointed for a term of 4 years. The Inspector
10General shall function independently within the Department of
11Children and Family Services with respect to the operations of
12the Office of Inspector General, including the performance of
13investigations and issuance of findings and recommendations,
14and shall report to the Director of Children and Family
15Services and the Governor and perform other duties the
16Director may designate. The Inspector General shall adopt
17rules as necessary to carry out the functions, purposes, and
18duties of the office of Inspector General in the Department of
19Children and Family Services, in accordance with the Illinois
20Administrative Procedure Act and any other applicable law.
21    (b) The Inspector General shall have access to all
22information and personnel necessary to perform the duties of
23the office. To minimize duplication of efforts, and to assure
24consistency and conformance with the requirements and
25procedures established in the B.H. v. Suter consent decree and
26to share resources when appropriate, the Inspector General

 

 

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1shall coordinate the Inspector General's his or her activities
2with the Bureau of Quality Assurance within the Department.
3    (c) The Inspector General shall be the primary liaison
4between the Department and the Illinois State Police with
5regard to investigations conducted under the Inspector
6General's auspices. If the Inspector General determines that a
7possible criminal act has been committed, or that special
8expertise is required in the investigation, the Inspector
9General he or she shall immediately notify the Illinois State
10Police. All investigations conducted by the Inspector General
11shall be conducted in a manner designed to ensure the
12preservation of evidence for possible use in a criminal
13prosecution.
14    (d) The Inspector General may recommend to the Department
15of Children and Family Services, the Department of Public
16Health, or any other appropriate agency, sanctions to be
17imposed against service providers under the jurisdiction of or
18under contract with the Department for the protection of
19children in the custody or under the guardianship of the
20Department who received services from those providers. The
21Inspector General may seek the assistance of the Attorney
22General or any of the several State's Attorneys in imposing
23sanctions.
24    (e) The Inspector General shall at all times be granted
25access to any foster home, facility, or program operated for
26or licensed or funded by the Department.

 

 

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1    (f) Nothing in this Section shall limit investigations by
2the Department of Children and Family Services that may
3otherwise be required by law or that may be necessary in that
4Department's capacity as the central administrative authority
5for child welfare.
6    (g) The Inspector General shall have the power to subpoena
7witnesses and compel the production of books and papers
8pertinent to an investigation authorized by this Act. The
9power to subpoena or to compel the production of books and
10papers, however, shall not extend to the person or documents
11of a labor organization or its representatives insofar as the
12person or documents of a labor organization relate to the
13function of representing an employee subject to investigation
14under this Act. Any person who fails to appear in response to a
15subpoena or to answer any question or produce any books or
16papers pertinent to an investigation under this Act, except as
17otherwise provided in this Section, or who knowingly gives
18false testimony in relation to an investigation under this Act
19is guilty of a Class A misdemeanor.
20    (h) The Inspector General shall provide to the General
21Assembly and the Governor, no later than January 1 of each
22year, a summary of reports and investigations made under this
23Section for the prior fiscal year. The summaries shall detail
24the imposition of sanctions and the final disposition of those
25recommendations. The summaries shall not contain any
26confidential or identifying information concerning the

 

 

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1subjects of the reports and investigations. The summaries also
2shall include detailed recommended administrative actions and
3matters for consideration by the General Assembly.
4(Source: P.A. 102-538, eff. 8-20-21.)
 
5    (20 ILCS 505/35.6)
6    Sec. 35.6. State-wide toll-free telephone number.
7    (a) There shall be a State-wide, toll-free telephone
8number for any person, whether or not mandated by law, to
9report to the Inspector General of the Department, suspected
10misconduct, malfeasance, misfeasance, or violations of rules,
11procedures, or laws by Department employees, service
12providers, or contractors that is detrimental to the best
13interest of children receiving care, services, or training
14from or who were committed to the Department as allowed under
15Section 5 of this Act. Immediately upon receipt of a telephone
16call regarding suspected abuse or neglect of children, the
17Inspector General shall refer the call to the Child Abuse and
18Neglect Hotline or to the Illinois State Police as mandated by
19the Abused and Neglected Child Reporting Act and Section 35.5
20of this Act. A mandated reporter shall not be relieved of the
21mandated reporter's his or her duty to report incidents to the
22Child Abuse and Neglect Hotline referred to in this
23subsection. The Inspector General shall also establish rules
24and procedures for evaluating reports of suspected misconduct
25and violation of rules and for conducting an investigation of

 

 

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1such reports.
2    (b) The Inspector General shall prepare and maintain
3written records from the reporting source that shall contain
4the following information to the extent known at the time the
5report is made: (1) the names and addresses of the child and
6the person responsible for the child's welfare; (2) the nature
7of the misconduct and the detriment cause to the child's best
8interest; (3) the names of the persons or agencies responsible
9for the alleged misconduct. Any investigation conducted by the
10Inspector General pursuant to such information shall not
11duplicate and shall be separate from the investigation
12mandated by the Abused and Neglected Child Reporting Act.
13However, the Inspector General may include the results of such
14investigation in reports compiled under this Section. At the
15request of the reporting agent, the Inspector General shall
16keep the identity of the reporting agent strictly confidential
17from the operation of the Department, until the Inspector
18General shall determine what recommendations shall be made
19with regard to discipline or sanction of the Department
20employee, service provider, or contractor, with the exception
21of suspected child abuse or neglect which shall be handled
22consistent with the Abused and Neglected Child Reporting Act
23and Section 35.5 of this Act. The Department shall take
24whatever steps are necessary to assure that a person making a
25report in good faith under this Section is not adversely
26affected solely on the basis of having made such report.

 

 

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1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    (20 ILCS 505/35.9)
3    Sec. 35.9. Visitation privileges; grandparents and
4great-grandparents.
5    (a) The Department shall make reasonable efforts and
6accommodations to provide for visitation privileges to a
7non-custodial grandparent or great-grandparent of a child who
8is in the care and custody of the Department. Any visitation
9privileges provided under this Section shall be separate and
10apart from any visitation privileges provided to a parent of
11the child. The Department shall provide visitation privileges
12only if doing so is in the child's best interest, taking into
13consideration the factors set out in subsection (4.05) of
14Section 1-3 of the Juvenile Court Act of 1987 and the following
15additional factors:
16        (1) the mental and physical health of the grandparent
17    or great-grandparent;
18        (2) the quantity of the visitation time requested and
19    the potential adverse impact that visitation would have on
20    the child's customary activities;
21        (3) any other fact that establishes that the loss of
22    the relationship between the child and the grandparent or
23    great-grandparent is likely to unduly harm the child's
24    mental, physical, or emotional health; and
25        (4) whether visitation can be structured in a way to

 

 

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1    minimize the child's exposure to conflicts between adult
2    family members.
3    (b) Any visitation privileges provided under this Section
4shall automatically terminate upon the child leaving the care
5or custody of the Department.
6    (c) The Department may deny a request for visitation after
7considering the criteria provided under subsection (a) in
8addition to any other criteria the Department deems necessary.
9If the Department determines that a grandparent or
10great-grandparent is inappropriate to serve as a visitation
11resource and denies visitation, the Department shall: (i)
12document the basis of its determination and maintain the
13documentation in the child's case file and (ii) inform the
14grandparent or great-grandparent of the grandparent's or
15great-grandparent's his or her right to a clinical review in
16accordance with Department rules and procedures. The
17Department may adopt any rules necessary to implement this
18Section.
19(Source: P.A. 99-838, eff. 1-1-17.)
 
20    Section 10. The Department of Children and Family Services
21Powers Law of the Civil Administrative Code of Illinois is
22amended by changing Section 510-25 as follows:
 
23    (20 ILCS 510/510-25)  (was 20 ILCS 510/65.5)
24    Sec. 510-25. Child Care Act of 1969; injunction. The

 

 

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1Department has the power to initiate injunction proceedings
2whenever it appears to the Director of Children and Family
3Services that any person, group of persons, or corporation is
4engaged or about to engage in any acts or practices that
5constitute or will constitute a violation of the Child Care
6Act of 1969 or any rule or regulation prescribed under the
7authority of that Act. The Director of Children and Family
8Services may, in the Director's his or her discretion, through
9the Attorney General apply for an injunction to enforce the
10Act, rule, or regulation. Upon a proper showing, any circuit
11court may enter a permanent or preliminary injunction or a
12temporary restraining order without bond to enforce the Act,
13rule, or regulation in addition to the penalties and other
14remedies provided in the Act, rule, or regulation. Appeals may
15be taken as in other civil cases.
16(Source: P.A. 91-239, eff. 1-1-00.)
 
17    Section 15. The Child Death Review Team Act is amended by
18changing Section 20 as follows:
 
19    (20 ILCS 515/20)
20    Sec. 20. Reviews of child deaths.
21    (a) Every child death shall be reviewed by the team in the
22subregion which has primary case management responsibility.
23The deceased child must be one of the following:
24        (1) A youth in care.

 

 

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1        (2) The subject of an open service case maintained by
2    the Department.
3        (3) The subject of a pending child abuse or neglect
4    investigation.
5        (4) A child who was the subject of an abuse or neglect
6    investigation at any time during the 12 months preceding
7    the child's death.
8        (5) Any other child whose death is reported to the
9    State central register as a result of alleged child abuse
10    or neglect which report is subsequently indicated.
11    A child death review team may, at its discretion, review
12other sudden, unexpected, or unexplained child deaths, cases
13of serious or fatal injuries to a child identified under the
14Children's Advocacy Center Act, and all unfounded child death
15cases.
16    (b) A child death review team's purpose in conducting
17reviews of child deaths is to do the following:
18        (1) Assist in determining the cause and manner of the
19    child's death, when requested.
20        (2) Evaluate means by which the death might have been
21    prevented.
22        (3) Report its findings to appropriate agencies and
23    make recommendations that may help to reduce the number of
24    child deaths caused by abuse or neglect.
25        (4) Promote continuing education for professionals
26    involved in investigating, treating, and preventing child

 

 

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1    abuse and neglect as a means of preventing child deaths
2    due to abuse or neglect.
3        (5) Make specific recommendations to the Director and
4    the Inspector General of the Department concerning the
5    prevention of child deaths due to abuse or neglect and the
6    establishment of protocols for investigating child deaths.
7    (c) A child death review team shall review a child death as
8soon as practical and not later than 90 days following the
9completion by the Department of the investigation of the death
10under the Abused and Neglected Child Reporting Act. When there
11has been no investigation by the Department, the child death
12review team shall review a child's death within 90 days after
13obtaining the information necessary to complete the review
14from the coroner, pathologist, medical examiner, or law
15enforcement agency, depending on the nature of the case. A
16child death review team shall meet at least once in each
17calendar quarter.
18    (d) The Director shall, within 90 days, review and reply
19to recommendations made by a team under item (5) of subsection
20(b). With respect to each recommendation made by a team, the
21Director shall submit the Director's his or her reply both to
22the chairperson of that team and to the chairperson of the
23Executive Council. The Director's reply to each recommendation
24must include a statement as to whether the Director intends to
25implement the recommendation. The Director shall meet in
26person with the Executive Council at least every 60 days to

 

 

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1discuss recommendations and the Department's responses.
2    The Director shall implement recommendations as feasible
3and appropriate and shall respond in writing to explain the
4implementation or nonimplementation of the recommendations.
5    (e) Within 90 days after the Director submits a reply with
6respect to a recommendation as required by subsection (d), the
7Director must submit an additional report that sets forth in
8detail the way, if any, in which the Director will implement
9the recommendation and the schedule for implementing the
10recommendation. The Director shall submit this report to the
11chairperson of the team that made the recommendation and to
12the chairperson of the Executive Council.
13    (f) Within 180 days after the Director submits a report
14under subsection (e) concerning the implementation of a
15recommendation, the Director shall submit a further report to
16the chairperson of the team that made the recommendation and
17to the chairperson of the Executive Council. This report shall
18set forth the specific changes in the Department's policies
19and procedures that have been made in response to the
20recommendation.
21(Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
 
22    Section 20. The Foster Parent Law is amended by changing
23Sections 1-5, 1-15, and 1-20 as follows:
 
24    (20 ILCS 520/1-5)

 

 

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1    Sec. 1-5. Legislative findings. Family foster care is an
2essential service for children and their families who have
3been separated due to the tragedy of child abuse, neglect, or
4dependency. When children have been separated from their
5families, it is the responsibility of the child welfare team
6to respond to the needs of the children and their families by
7means including (i) providing protection and nurture to
8children in a safe, healthy environment; (ii) meeting the
9developmental and emotional needs of the children, including
10maintaining and promoting a child's emotional attachment to a
11child's his or her own family; (iii) protecting and promoting
12the child's cultural identity and heritage; and (iv) working
13toward permanency for children by connecting them to safe,
14nurturing relationships intended to last a lifetime,
15preferably with their own family.
16    Foster parents are an essential part of and fulfill an
17integral role on the child welfare team along with children in
18care who are old enough to participate in planning and
19services, parents of children in care, caseworkers, and other
20professionals serving the child and family. By providing care
21for children and supporting the attachment of children to
22their families in a manner sensitive to each child's and
23family's unique needs, the foster parent serves the child, the
24family, and the community.
25    In order to successfully fulfill their role on the
26professional child welfare team, foster parents must be

 

 

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1committed to the goal of the child welfare program and must
2provide care to children and promote the best interests of the
3children and families served. In order to achieve this goal,
4foster parents must understand and be sensitive to issues of
5culture, ethnicity, religion, and children's connectedness
6with their families and must maintain a level of care,
7conduct, and demeanor that is consistent with the high
8professional ethics demanded of all other members of the child
9welfare team.
10    The General Assembly finds that there is a need to
11establish public policy regarding the role of foster parents.
12The General Assembly establishes this statement of foster
13parents' rights and responsibilities, which shall apply to all
14foster parents in the State of Illinois, whether supervised by
15the Department of Children and Family Services or by another
16agency under contract to the Department of Children and Family
17Services to provide foster care services.
18(Source: P.A. 89-19, eff. 6-3-95.)
 
19    (20 ILCS 520/1-15)
20    Sec. 1-15. Foster parent rights. A foster parent's rights
21include, but are not limited to, the following:
22        (1) The right to be treated with dignity, respect, and
23    consideration as a professional member of the child
24    welfare team.
25        (2) The right to be given standardized pre-service

 

 

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1    training and appropriate ongoing training to meet mutually
2    assessed needs and improve the foster parent's skills.
3        (3) The right to be informed as to how to contact the
4    appropriate child placement agency in order to receive
5    information and assistance to access supportive services
6    for children in the foster parent's care.
7        (4) The right to receive timely financial
8    reimbursement commensurate with the care needs of the
9    child as specified in the service plan.
10        (5) The right to be provided a clear, written
11    understanding of a placement agency's plan concerning the
12    placement of a child in the foster parent's home. Inherent
13    in this right is the foster parent's responsibility to
14    support activities that will promote the child's right to
15    relationships with the child's his or her own family and
16    cultural heritage.
17        (6) The right to be provided a fair, timely, and
18    impartial investigation of complaints concerning the
19    foster parent's licensure, to be provided the opportunity
20    to have a person of the foster parent's choosing present
21    during the investigation, and to be provided due process
22    during the investigation; the right to be provided the
23    opportunity to request and receive mediation or an
24    administrative review of decisions that affect licensing
25    parameters, or both mediation and an administrative
26    review; and the right to have decisions concerning a

 

 

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1    licensing corrective action plan specifically explained
2    and tied to the licensing standards violated.
3        (7) The right, at any time during which a child is
4    placed with the foster parent, to receive additional or
5    necessary information that is relevant to the care of the
6    child.
7        (7.5) The right to be given information concerning a
8    child (i) from the Department as required under subsection
9    (u) of Section 5 of the Children and Family Services Act
10    and (ii) from a child welfare agency as required under
11    subsection (c-5) of Section 7.4 of the Child Care Act of
12    1969.
13        (8) The right to be notified of scheduled meetings and
14    staffings concerning the foster child in order to actively
15    participate in the case planning and decision-making
16    process regarding the child, including individual service
17    planning meetings, administrative case reviews,
18    interdisciplinary staffings, and individual educational
19    planning meetings; the right to be informed of decisions
20    made by the courts or the child welfare agency concerning
21    the child; the right to provide input concerning the plan
22    of services for the child and to have that input given full
23    consideration in the same manner as information presented
24    by any other professional on the team; and the right to
25    communicate with other professionals who work with the
26    foster child within the context of the team, including

 

 

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1    therapists, physicians, attending health care
2    professionals, and teachers.
3        (9) The right to be given, in a timely and consistent
4    manner, any information a caseworker case worker has
5    regarding the child and the child's family which is
6    pertinent to the care and needs of the child and to the
7    making of a permanency plan for the child. Disclosure of
8    information concerning the child's family shall be limited
9    to that information that is essential for understanding
10    the needs of and providing care to the child in order to
11    protect the rights of the child's family. When a positive
12    relationship exists between the foster parent and the
13    child's family, the child's family may consent to
14    disclosure of additional information.
15        (10) The right to be given reasonable written notice
16    of (i) any change in a child's case plan, (ii) plans to
17    terminate the placement of the child with the foster
18    parent, and (iii) the reasons for the change or
19    termination in placement. The notice shall be waived only
20    in cases of a court order or when the child is determined
21    to be at imminent risk of harm.
22        (11) The right to be notified in a timely and complete
23    manner of all court hearings, including notice of the date
24    and time of the court hearing, the name of the judge or
25    hearing officer hearing the case, the location of the
26    hearing, and the court docket number of the case; and the

 

 

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1    right to intervene in court proceedings or to seek
2    mandamus under the Juvenile Court Act of 1987.
3        (12) The right to be considered as a placement option
4    when a foster child who was formerly placed with the
5    foster parent is to be re-entered into foster care, if
6    that placement is consistent with the best interest of the
7    child and other children in the foster parent's home.
8        (13) The right to have timely access to the child
9    placement agency's existing appeals process and the right
10    to be free from acts of harassment and retaliation by any
11    other party when exercising the right to appeal.
12        (14) The right to be informed of the Foster Parent
13    Hotline established under Section 35.6 of the Children and
14    Family Services Act and all of the rights accorded to
15    foster parents concerning reports of misconduct by
16    Department employees, service providers, or contractors,
17    confidential handling of those reports, and investigation
18    by the Inspector General appointed under Section 35.5 of
19    the Children and Family Services Act.
20(Source: P.A. 99-581, eff. 1-1-17.)
 
21    (20 ILCS 520/1-20)
22    Sec. 1-20. Foster parent responsibilities. A foster
23parent's responsibilities include, but are not limited to, the
24following:
25        (1) The responsibility to openly communicate and share

 

 

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1    information about the child with other members of the
2    child welfare team.
3        (2) The responsibility to respect the confidentiality
4    of information concerning foster children and their
5    families and act appropriately within applicable
6    confidentiality laws and regulations.
7        (3) The responsibility to advocate for children in the
8    foster parent's care.
9        (4) The responsibility to treat children in the foster
10    parent's care and the children's families with dignity,
11    respect, and consideration.
12        (5) The responsibility to recognize the foster
13    parent's own individual and familial strengths and
14    limitations when deciding whether to accept a child into
15    care; and the responsibility to recognize the foster
16    parent's own support needs and utilize appropriate
17    supports in providing care for foster children.
18        (6) The responsibility to be aware of the benefits of
19    relying on and affiliating with other foster parents and
20    foster parent associations in improving the quality of
21    care and service to children and families.
22        (7) The responsibility to assess the foster parent's
23    ongoing individual training needs and take action to meet
24    those needs.
25        (8) The responsibility to develop and assist in
26    implementing strategies to prevent placement disruptions,

 

 

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1    recognizing the traumatic impact of placement disruptions
2    on a foster child and all members of the foster family; and
3    the responsibility to provide emotional support for the
4    foster children and members of the foster family if
5    preventive strategies fail and placement disruptions
6    occur.
7        (9) The responsibility to know the impact foster
8    parenting has on individuals and family relationships; and
9    the responsibility to endeavor to minimize, as much as
10    possible, any stress that results from foster parenting.
11        (10) The responsibility to know the rewards and
12    benefits to children, parents, families, and society that
13    come from foster parenting and to promote the foster
14    parenting experience in a positive way.
15        (11) The responsibility to know the roles, rights, and
16    responsibilities of foster parents, other professionals in
17    the child welfare system, the foster child, and the foster
18    child's own family.
19        (12) The responsibility to know and, as necessary,
20    fulfill the foster parent's responsibility to serve as a
21    mandated reporter of suspected child abuse or neglect
22    under the Abused and Neglected Child Reporting Act; and
23    the responsibility to know the child welfare agency's
24    policy regarding allegations that foster parents have
25    committed child abuse or neglect and applicable
26    administrative rules and procedures governing

 

 

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1    investigations of those allegations.
2        (13) The responsibility to know and receive training
3    regarding the purpose of administrative case reviews,
4    client service plans, and court processes, as well as any
5    filing or time requirements associated with those
6    proceedings; and the responsibility to actively
7    participate in the foster parent's designated role in
8    these proceedings.
9        (14) The responsibility to know the child welfare
10    agency's appeal procedure for foster parents and the
11    rights of foster parents under the procedure.
12        (15) The responsibility to know and understand the
13    importance of maintaining accurate and relevant records
14    regarding the child's history and progress; and the
15    responsibility to be aware of and follow the procedures
16    and regulations of the child welfare agency with which the
17    foster parent is licensed or affiliated.
18        (16) The responsibility to share information, through
19    the child welfare team, with the subsequent caregiver
20    (whether the child's parent or another substitute
21    caregiver) regarding the child's adjustment in the foster
22    parent's home.
23        (17) The responsibility to provide care and services
24    that are respectful of and responsive to the child's
25    cultural needs and are supportive of the relationship
26    between the child and the child's his or her own family;

 

 

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1    the responsibility to recognize the increased importance
2    of maintaining a child's cultural identity when the race
3    or culture of the foster family differs from that of the
4    foster child; and the responsibility to take action to
5    address these issues.
6(Source: P.A. 89-19, eff. 6-3-95.)
 
7    Section 25. The Foster Children's Bill of Rights Act is
8amended by changing Section 5 as follows:
 
9    (20 ILCS 521/5)
10    Sec. 5. Foster Children's Bill of Rights. It is the policy
11of this State that every child and adult in the care of the
12Department of Children and Family Services who is placed in
13foster care shall have the following rights:
14        (1) To live in a safe, healthy, and comfortable home
15    where they are he or she is treated with respect.
16        (2) To be free from physical, sexual, emotional, or
17    other abuse, or corporal punishment.
18        (3) To receive adequate and healthy food, adequate
19    clothing, and, for youth in group homes, residential
20    treatment facilities, and foster homes, an allowance.
21        (4) To receive medical, dental, vision, and mental
22    health services.
23        (5) To be free of the administration of medication or
24    chemical substances, unless authorized by a physician.

 

 

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1        (6) To contact family members, unless prohibited by
2    court order, and social workers, attorneys, foster youth
3    advocates and supporters, Court Appointed Special
4    Advocates (CASAs), and probation officers.
5        (7) To visit and contact siblings brothers and
6    sisters, unless prohibited by court order.
7        (8) To contact the Advocacy Office for Children and
8    Families established under the Children and Family
9    Services Act or the Department of Children and Family
10    Services' Office of the Inspector General regarding
11    violations of rights, to speak to representatives of these
12    offices confidentially, and to be free from threats or
13    punishment for making complaints.
14        (9) To make and receive confidential telephone calls
15    and send and receive unopened mail, unless prohibited by
16    court order.
17        (10) To attend religious services and activities of
18    their his or her choice.
19        (11) To maintain an emancipation bank account and
20    manage personal income, consistent with the child's age
21    and developmental level, unless prohibited by the case
22    plan.
23        (12) To not be locked in a room, building, or facility
24    premises, unless placed in a secure child care facility
25    licensed by the Department of Children and Family Services
26    under the Child Care Act of 1969 and placed pursuant to

 

 

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1    Section 2-27.1 of the Juvenile Court Act of 1987.
2        (13) To attend school and participate in
3    extracurricular, cultural, and personal enrichment
4    activities, consistent with the child's age and
5    developmental level, with minimal disruptions to school
6    attendance and educational stability.
7        (14) To work and develop job skills at an
8    age-appropriate level, consistent with State law.
9        (15) To have social contacts with people outside of
10    the foster care system, including teachers, church
11    members, mentors, and friends.
12        (16) If they meet he or she meets age requirements, to
13    attend services and programs operated by the Department of
14    Children and Family Services or any other appropriate
15    State agency that aim to help current and former foster
16    youth achieve self-sufficiency prior to and after leaving
17    foster care.
18        (17) To attend court hearings and speak to the judge.
19        (18) To have storage space for private use.
20        (19) To be involved in the development of their his or
21    her own case plan and plan for permanent placement.
22        (20) To review their his or her own case plan and plan
23    for permanent placement, if they are he or she is 12 years
24    of age or older and in a permanent placement, and to
25    receive information about their his or her out-of-home
26    placement and case plan, including being told of changes

 

 

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1    to the case plan.
2        (21) To be free from unreasonable searches of personal
3    belongings.
4        (22) To the confidentiality of all juvenile court
5    records consistent with existing law.
6        (23) To have fair and equal access to all available
7    services, placement, care, treatment, and benefits, and to
8    not be subjected to discrimination or harassment on the
9    basis of actual or perceived race, ethnic group
10    identification, ancestry, national origin, color,
11    religion, sex, sexual orientation, gender identity, mental
12    or physical disability, or HIV status.
13        (24) To have caregivers and child welfare personnel
14    who have received sensitivity training and instruction on
15    matters concerning race, ethnicity, national origin,
16    color, ancestry, religion, mental and physical disability,
17    and HIV status.
18        (25) To have caregivers and child welfare personnel
19    who have received instruction on cultural competency and
20    sensitivity relating to, and best practices for, providing
21    adequate care to lesbian, gay, bisexual, and transgender
22    youth in out-of-home care.
23        (26) At 16 years of age or older, to have access to
24    existing information regarding the educational options
25    available, including, but not limited to, the coursework
26    necessary for vocational and postsecondary educational

 

 

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1    programs, and information regarding financial aid for
2    postsecondary education.
3        (27) To have access to age-appropriate, medically
4    accurate information about reproductive health care, the
5    prevention of unplanned pregnancy, and the prevention and
6    treatment of sexually transmitted infections at 12 years
7    of age or older.
8        (28) To receive a copy of this Act from and have it
9    fully explained by the Department of Children and Family
10    Services when the child or adult is placed in the care of
11    the Department of Children and Family Services.
12        (29) To be placed in the least restrictive and most
13    family-like setting available and in close proximity to
14    their his or her parent's home consistent with their his
15    or her health, safety, best interests, and special needs.
16        (30) To participate in an age and developmentally
17    appropriate intake process immediately after placement in
18    the custody or guardianship of the Department. During the
19    intake process, the Department shall provide the youth
20    with a document describing inappropriate acts of
21    affection, discipline, and punishment by guardians, foster
22    parents, foster siblings, or any other adult responsible
23    for the youth's welfare. The Department shall review and
24    discuss the document with the child. The Department must
25    document completion of the intake process in the child's
26    records as well as giving a copy of the document to the

 

 

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1    child.
2        (31) To participate in appropriate intervention and
3    counseling services after removal from the home of origin
4    in order to assess whether the youth is exhibiting signs
5    of traumatic stress, special needs, or mental illness.
6        (32) To receive a home visit by an assigned child
7    welfare specialist, per existing Department policies and
8    procedures, on a monthly basis or more frequently as
9    needed. In addition to what existing policies and
10    procedures outline, home visits shall be used to assess
11    the youth's well-being and emotional health following
12    placement, to determine the youth's relationship with the
13    youth's guardian or foster parent or with any other adult
14    responsible for the youth's welfare or living in or
15    frequenting the home environment, and to determine what
16    forms of discipline, if any, the youth's guardian or
17    foster parent or any other person in the home environment
18    uses to correct the youth.
19        (33) To be enrolled in an independent living services
20    program prior to transitioning out of foster care where
21    the youth will receive classes and instruction,
22    appropriate to the youth's age and developmental capacity,
23    on independent living and self-sufficiency in the areas of
24    employment, finances, meals, and housing as well as help
25    in developing life skills and long-term goals.
26        (34) To be assessed by a third-party entity or agency

 

 

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1    prior to enrollment in any independent living services
2    program in order to determine the youth's readiness for a
3    transition out of foster care based on the youth's
4    individual needs, emotional development, and ability,
5    regardless of age, to make a successful transition to
6    adulthood.
7(Source: P.A. 102-810, eff. 1-1-23.)
 
8    Section 30. The Statewide Foster Care Advisory Council Law
9is amended by changing Section 5-10 as follows:
 
10    (20 ILCS 525/5-10)
11    Sec. 5-10. Membership.
12    (a) The Statewide Foster Care Advisory Council shall
13consist of the following membership:
14        (1) 2 foster parents from the Department's southern
15    and northern administrative regions; 3 foster parents from
16    the Department's central administrative region; and 2
17    foster parents from each of the Department's Cook County
18    administrative regions. One of the 6 foster parents
19    representing the Cook County administrative regions shall
20    be the current President of the Cook County Foster Parent
21    Advisory Committee;
22        (2) 2 foster parents representing the Department's
23    Child Welfare Advisory Committee, with at least one foster
24    parent residing in Cook County;

 

 

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1        (3) 2 foster care professionals representing the
2    Department's Child Welfare Advisory Committee to represent
3    agencies providing foster care services under contract to
4    the Department;
5        (4) the current president of the Illinois Foster
6    Parent Association; and
7        (5) 4 other non-Department persons with recognized
8    expertise regarding foster care who shall be nominated by
9    the Director of the Department ("the Director").
10    Each Administrator of the Department's specified
11administrative regions shall make recommendations of foster
12parents for appointment as members to the Director. The
13recommendations of the Regional Administrator shall be based
14upon consultation by the Regional Administrator with organized
15foster parent groups and Department staff.
16    All appointments to the Council shall be made in writing
17by the Director. In soliciting and making appointments, the
18Director shall make all reasonable efforts to ensure the
19membership of the Council is culturally diverse and
20representative and also geographically representative of the
21Department's administrative regions.
22    (b) Each member shall be appointed for a term of 3 years.
23No member shall be appointed to more than 2 terms, except the
24President of the Illinois Foster Parent Association and the
25President of the Cook County Foster Parent Association may
26serve as long as the member he or she holds office. Members

 

 

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1shall continue to serve until their successors are appointed.
2The terms of original members and of members subsequently
3appointed to fill vacancies created by a change in the number
4of the Council's members shall be determined to assure as
5nearly as possible that the terms of one-third of the members
6in each sector expire each year on June 30th. The original
7members in each sector shall determine by lot the length of
8each member's term, one-third to be for 3 years, one-third to
9be for 2 years, and one-third to be for one year, and the
10Council's secretary shall record the results. Thereafter, any
11member appointed to fill a vacancy other than one created by
12the expiration of a regular 3 year term shall be appointed for
13the unexpired term of the predecessor member, or in the case of
14new memberships created by change in number of members, for
15such term as is appropriate under this subsection.
16    (c) Members of the Advisory Council shall serve without
17compensation, except that the Department shall reimburse
18members for travel and per diem expenses associated with
19participation in Advisory Council meetings and activities.
20Reimbursement shall be consistent with Illinois Department of
21Central Management Services rules, as approved by the
22Governor's Travel Control Board.
23(Source: P.A. 89-19, eff. 6-3-95.)
 
24    Section 35. The Department of Children and Family Services
25Statewide Youth Advisory Board Act is amended by changing

 

 

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1Section 15 as follows:
 
2    (20 ILCS 527/15)
3    Sec. 15. Meetings.
4    (a) Regular meetings of the regional youth advisory boards
5shall be held monthly.
6    (b) Regular meetings of the Statewide Youth Advisory Board
7shall be held at least 5 times per year.
8    (c) The Director of the Department or the Director's his
9or her designee shall meet with the Statewide Youth Advisory
10Board at least quarterly in order to discuss the issues and
11concerns of youth in foster care.
12    (d) All meetings shall take place at locations, dates, and
13times determined by the Department or its designee in
14accordance with the bylaws for the Statewide Youth Advisory
15Board and the regional youth advisory boards.
16(Source: P.A. 98-806, eff. 1-1-15.)
 
17    Section 40. The Interstate Compact on Adoption Act is
18amended by changing Section 5-35 as follows:
 
19    (45 ILCS 17/5-35)
20    Sec. 5-35. Medical assistance.
21    (a) A child with special needs who resides in this State
22and who is the subject of an adoption assistance agreement
23with another state shall be eligible for medical assistance

 

 

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1from this State under Article V of the Illinois Public Aid Code
2upon the filing of agreed documentation obtained from the
3assistance state and filed with the Department of Healthcare
4and Family Services. The Department of Children and Family
5Services shall be required at least annually to establish that
6the agreement is still in force or has been renewed.
7    (b) If a child (i) is in another state, (ii) is covered by
8an adoption assistance agreement made by the Illinois
9Department of Children and Family Services, and (iii) was
10eligible for medical assistance under Article V of the
11Illinois Public Aid Code at the time the child he or she
12resided in this State and would continue to be eligible for
13that assistance if the child he or she was currently residing
14in this State, then that child is eligible for medical
15assistance under Article V of the Illinois Public Aid Code,
16but only for those medical assistance benefits under Article V
17that are not provided by the other state. There shall be no
18payment or reimbursement by this State for services or
19benefits covered under any insurance or other third party
20medical contract or arrangement held by the child or the
21adoptive parents.
22    (c) The submission of any claim for payment or
23reimbursement for services or benefits pursuant to this
24Section or the making of any statement in connection
25therewith, which claim or statement the maker knows or should
26know to be false, misleading, or fraudulent, shall be

 

 

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1punishable as perjury and shall also be subject to a fine not
2to exceed $10,000 or imprisonment for not to exceed 2 years, or
3both.
4    (d) The provisions of this Section shall apply only to
5medical assistance for children under adoption assistance
6agreements from states that have entered into a compact with
7this State under which the other state provided medical
8assistance to children with special needs under adoption
9assistance agreements made by this State.
10    (e) The Illinois Department of Children and Family
11Services and the Department of Healthcare and Family Services
12may adopt all rules necessary to implement this Section.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    Section 45. The Child Care Act of 1969 is amended by
15changing Sections 2.24, 3.3, 4.1, 4.2, 5.1, 5.3, 7, 7.2, 7.3,
167.4, 7.6, 7.7, 9, 9.1b, 12, 14.5, 14.7, and 18 as follows:
 
17    (225 ILCS 10/2.24)
18    Sec. 2.24. "Adoption services" includes any one or more of
19the following services performed for any type of compensation
20or thing of value, directly or indirectly: (i) arranging for
21the placement of or placing out a child, (ii) identifying a
22child for adoption, (iii) matching adoptive parents with birth
23biological parents, (iv) arranging or facilitating an
24adoption, (v) taking or acknowledging consents or surrenders

 

 

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1for termination of parental rights for purposes of adoption,
2as defined in the Adoption Act, (vi) performing background
3studies on a child or adoptive parents, (vii) making
4determinations of the best interests of a child and the
5appropriateness of adoptive placement for the child, or (viii)
6post-placement monitoring of a child prior to adoption.
7"Adoption services" does not include the following: (1) the
8provision of legal services by a licensed attorney for which
9the attorney must be licensed as an attorney under Illinois
10law, (2) adoption-related services performed by public
11governmental entities or entities or persons performing
12investigations by court appointment as described in subsection
13A of Section 6 of the Adoption Act, (3) prospective birth
14biological parents or adoptive parents operating on their own
15behalf, (4) the provision of general education and training on
16adoption-related topics, or (5) post-adoption services,
17including supportive services to families to promote the
18well-being of members of adoptive families or birth families.
19(Source: P.A. 94-586, eff. 8-15-05.)
 
20    (225 ILCS 10/3.3)
21    Sec. 3.3. Requirements for criminal background checks for
22adoption-only homes. In approving an adoption-only home
23pursuant to Section 3.2 of this Act, if an adult resident has
24an arrest or conviction record, the licensed child welfare
25agency:

 

 

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1        (1) shall thoroughly investigate and evaluate the
2    criminal history of the resident and, in so doing, include
3    an assessment of the applicant's character and, in the
4    case of the prospective adoptive parent, the impact that
5    the criminal history has on the prospective adoptive
6    parent's his or her ability to parent the child; the
7    investigation should consider the type of crime, the
8    number of crimes, the nature of the offense, the age at
9    time of crime, the length of time that has elapsed since
10    the last conviction, the relationship of the crime to the
11    ability to care for children, and any evidence of
12    rehabilitation;
13        (2) shall not approve the home if the record reveals a
14    felony conviction for crimes against a child, including,
15    but not limited to, child abuse or neglect, child
16    pornography, rape, sexual assault, or homicide;
17        (3) shall not approve the home if the record reveals a
18    felony conviction within the last 5 years, including, but
19    not limited to, for physical assault, battery,
20    drug-related offenses, or spousal abuse; and
21        (4) shall not approve the home if the record reveals a
22    felony conviction for homicide, rape, or sexual assault.
23(Source: P.A. 99-833, eff. 1-1-17.)
 
24    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
25    Sec. 4.1. Criminal Background Investigations. The

 

 

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1Department shall require that each child care facility license
2applicant as part of the application process, and each
3employee and volunteer of a child care facility or
4non-licensed service provider, as a condition of employment,
5authorize an investigation to determine if such applicant,
6employee, or volunteer has ever been charged with a crime and
7if so, the disposition of those charges; this authorization
8shall indicate the scope of the inquiry and the agencies which
9may be contacted. Upon this authorization, the Director shall
10request and receive information and assistance from any
11federal, State or local governmental agency as part of the
12authorized investigation. Each applicant, employee, or
13volunteer of a child care facility or non-licensed service
14provider shall submit the applicant's, employee's, or
15volunteer's his or her fingerprints to the Illinois State
16Police in the form and manner prescribed by the Illinois State
17Police. These fingerprints shall be checked against the
18fingerprint records now and hereafter filed in the Illinois
19State Police and Federal Bureau of Investigation criminal
20history records databases. The Illinois State Police shall
21charge a fee for conducting the criminal history records
22check, which shall be deposited in the State Police Services
23Fund and shall not exceed the actual cost of the records check.
24The Illinois State Police shall provide information concerning
25any criminal charges, and their disposition, now or hereafter
26filed, against an applicant, employee, or volunteer of a child

 

 

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1care facility or non-licensed service provider upon request of
2the Department of Children and Family Services when the
3request is made in the form and manner required by the Illinois
4State Police.
5    Information concerning convictions of a license applicant,
6employee, or volunteer of a child care facility or
7non-licensed service provider investigated under this Section,
8including the source of the information and any conclusions or
9recommendations derived from the information, shall be
10provided, upon request, to such applicant, employee, or
11volunteer of a child care facility or non-licensed service
12provider prior to final action by the Department on the
13application. State conviction information provided by the
14Illinois State Police regarding employees, prospective
15employees, or volunteers of non-licensed service providers and
16child care facilities licensed under this Act shall be
17provided to the operator of such facility, and, upon request,
18to the employee, prospective employee, or volunteer of a child
19care facility or non-licensed service provider. Any
20information concerning criminal charges and the disposition of
21such charges obtained by the Department shall be confidential
22and may not be transmitted outside the Department, except as
23required herein, and may not be transmitted to anyone within
24the Department except as needed for the purpose of evaluating
25an application or an employee or volunteer of a child care
26facility or non-licensed service provider. Only information

 

 

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1and standards which bear a reasonable and rational relation to
2the performance of a child care facility shall be used by the
3Department or any licensee. Any employee of the Department of
4Children and Family Services, Illinois State Police, or a
5child care facility receiving confidential information under
6this Section who gives or causes to be given any confidential
7information concerning any criminal convictions of an
8applicant, employee, or volunteer of a child care facility or
9non-licensed service provider, shall be guilty of a Class A
10misdemeanor unless release of such information is authorized
11by this Section.
12    A child care facility may hire, on a probationary basis,
13any employee or volunteer of a child care facility or
14non-licensed service provider authorizing a criminal
15background investigation under this Section, pending the
16result of such investigation. Employees and volunteers of a
17child care facility or non-licensed service provider shall be
18notified prior to hiring that such employment may be
19terminated on the basis of criminal background information
20obtained by the facility.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
23    Sec. 4.2. (a) No applicant may receive a license from the
24Department and no person may be employed by a licensed child
25care facility who refuses to authorize an investigation as

 

 

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1required by Section 4.1.
2    (b) In addition to the other provisions of this Section,
3no applicant may receive a license from the Department and no
4person may be employed by a child care facility licensed by the
5Department who has been declared a sexually dangerous person
6under the Sexually Dangerous Persons Act "An Act in relation
7to sexually dangerous persons, and providing for their
8commitment, detention and supervision", approved July 6, 1938,
9as amended, or convicted of committing or attempting to commit
10any of the following offenses stipulated under the Criminal
11Code of 1961 or the Criminal Code of 2012:
12        (1) murder;
13        (1.1) solicitation of murder;
14        (1.2) solicitation of murder for hire;
15        (1.3) intentional homicide of an unborn child;
16        (1.4) voluntary manslaughter of an unborn child;
17        (1.5) involuntary manslaughter;
18        (1.6) reckless homicide;
19        (1.7) concealment of a homicidal death;
20        (1.8) involuntary manslaughter of an unborn child;
21        (1.9) reckless homicide of an unborn child;
22        (1.10) drug-induced homicide;
23        (2) a sex offense under Article 11, except offenses
24    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
25    11-40, and 11-45;
26        (3) kidnapping;

 

 

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1        (3.1) aggravated unlawful restraint;
2        (3.2) forcible detention;
3        (3.3) harboring a runaway;
4        (3.4) aiding and abetting child abduction;
5        (4) aggravated kidnapping;
6        (5) child abduction;
7        (6) aggravated battery of a child as described in
8    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
9        (7) criminal sexual assault;
10        (8) aggravated criminal sexual assault;
11        (8.1) predatory criminal sexual assault of a child;
12        (9) criminal sexual abuse;
13        (10) aggravated sexual abuse;
14        (11) heinous battery as described in Section 12-4.1 or
15    subdivision (a)(2) of Section 12-3.05;
16        (12) aggravated battery with a firearm as described in
17    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
18    (e)(4) of Section 12-3.05;
19        (13) tampering with food, drugs, or cosmetics;
20        (14) drug induced infliction of great bodily harm as
21    described in Section 12-4.7 or subdivision (g)(1) of
22    Section 12-3.05;
23        (15) hate crime;
24        (16) stalking;
25        (17) aggravated stalking;
26        (18) threatening public officials;

 

 

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1        (19) home invasion;
2        (20) vehicular invasion;
3        (21) criminal transmission of HIV;
4        (22) criminal abuse or neglect of an elderly person or
5    person with a disability as described in Section 12-21 or
6    subsection (e) of Section 12-4.4a;
7        (23) child abandonment;
8        (24) endangering the life or health of a child;
9        (25) ritual mutilation;
10        (26) ritualized abuse of a child;
11        (27) an offense in any other jurisdiction the elements
12    of which are similar and bear a substantial relationship
13    to any of the foregoing offenses.
14    (b-1) In addition to the other provisions of this Section,
15beginning January 1, 2004, no new applicant and, on the date of
16licensure renewal, no current licensee may operate or receive
17a license from the Department to operate, no person may be
18employed by, and no adult person may reside in a child care
19facility licensed by the Department who has been convicted of
20committing or attempting to commit any of the following
21offenses or an offense in any other jurisdiction the elements
22of which are similar and bear a substantial relationship to
23any of the following offenses:
 
24
(I) BODILY HARM

 

 

 

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1        (1) Felony aggravated assault.
2        (2) Vehicular endangerment.
3        (3) Felony domestic battery.
4        (4) Aggravated battery.
5        (5) Heinous battery.
6        (6) Aggravated battery with a firearm.
7        (7) Aggravated battery of an unborn child.
8        (8) Aggravated battery of a senior citizen.
9        (9) Intimidation.
10        (10) Compelling organization membership of persons.
11        (11) Abuse and criminal neglect of a long term care
12    facility resident.
13        (12) Felony violation of an order of protection.
 
14
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
15        (1) Felony unlawful use of weapons.
16        (2) Aggravated discharge of a firearm.
17        (3) Reckless discharge of a firearm.
18        (4) Unlawful use of metal piercing bullets.
19        (5) Unlawful sale or delivery of firearms on the
20    premises of any school.
21        (6) Disarming a police officer.
22        (7) Obstructing justice.
23        (8) Concealing or aiding a fugitive.
24        (9) Armed violence.

 

 

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1        (10) Felony contributing to the criminal delinquency
2    of a juvenile.
 
3
(III) DRUG OFFENSES

 
4        (1) Possession of more than 30 grams of cannabis.
5        (2) Manufacture of more than 10 grams of cannabis.
6        (3) Cannabis trafficking.
7        (4) Delivery of cannabis on school grounds.
8        (5) Unauthorized production of more than 5 cannabis
9    sativa plants.
10        (6) Calculated criminal cannabis conspiracy.
11        (7) Unauthorized manufacture or delivery of controlled
12    substances.
13        (8) Controlled substance trafficking.
14        (9) Manufacture, distribution, or advertisement of
15    look-alike substances.
16        (10) Calculated criminal drug conspiracy.
17        (11) Street gang criminal drug conspiracy.
18        (12) Permitting unlawful use of a building.
19        (13) Delivery of controlled, counterfeit, or
20    look-alike substances to persons under age 18, or at truck
21    stops, rest stops, or safety rest areas, or on school
22    property.
23        (14) Using, engaging, or employing persons under 18 to
24    deliver controlled, counterfeit, or look-alike substances.

 

 

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1        (15) Delivery of controlled substances.
2        (16) Sale or delivery of drug paraphernalia.
3        (17) Felony possession, sale, or exchange of
4    instruments adapted for use of a controlled substance,
5    methamphetamine, or cannabis by subcutaneous injection.
6        (18) Felony possession of a controlled substance.
7        (19) Any violation of the Methamphetamine Control and
8    Community Protection Act.
9    (b-1.5) In addition to any other provision of this
10Section, for applicants with access to confidential financial
11information or who submit documentation to support billing,
12the Department may, in its discretion, deny or refuse to renew
13a license to an applicant who has been convicted of committing
14or attempting to commit any of the following felony offenses:
15        (1) financial institution fraud under Section 17-10.6
16    of the Criminal Code of 1961 or the Criminal Code of 2012;
17        (2) identity theft under Section 16-30 of the Criminal
18    Code of 1961 or the Criminal Code of 2012;
19        (3) financial exploitation of an elderly person or a
20    person with a disability under Section 17-56 of the
21    Criminal Code of 1961 or the Criminal Code of 2012;
22        (4) computer tampering under Section 17-51 of the
23    Criminal Code of 1961 or the Criminal Code of 2012;
24        (5) aggravated computer tampering under Section 17-52
25    of the Criminal Code of 1961 or the Criminal Code of 2012;
26        (6) computer fraud under Section 17-50 of the Criminal

 

 

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1    Code of 1961 or the Criminal Code of 2012;
2        (7) deceptive practices under Section 17-1 of the
3    Criminal Code of 1961 or the Criminal Code of 2012;
4        (8) forgery under Section 17-3 of the Criminal Code of
5    1961 or the Criminal Code of 2012;
6        (9) State benefits fraud under Section 17-6 of the
7    Criminal Code of 1961 or the Criminal Code of 2012;
8        (10) mail fraud and wire fraud under Section 17-24 of
9    the Criminal Code of 1961 or the Criminal Code of 2012;
10        (11) theft under paragraphs (1.1) through (11) of
11    subsection (b) of Section 16-1 of the Criminal Code of
12    1961 or the Criminal Code of 2012.
13    (b-2) Notwithstanding subsection (b-1), the Department may
14make an exception and, for child care facilities other than
15foster family homes, issue a new child care facility license
16to or renew the existing child care facility license of an
17applicant, a person employed by a child care facility, or an
18applicant who has an adult residing in a home child care
19facility who was convicted of an offense described in
20subsection (b-1), provided that all of the following
21requirements are met:
22        (1) The relevant criminal offense occurred more than 5
23    years prior to the date of application or renewal, except
24    for drug offenses. The relevant drug offense must have
25    occurred more than 10 years prior to the date of
26    application or renewal, unless the applicant passed a drug

 

 

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1    test, arranged and paid for by the child care facility, no
2    less than 5 years after the offense.
3        (2) The Department must conduct a background check and
4    assess all convictions and recommendations of the child
5    care facility to determine if hiring or licensing the
6    applicant is in accordance with Department administrative
7    rules and procedures.
8        (3) The applicant meets all other requirements and
9    qualifications to be licensed as the pertinent type of
10    child care facility under this Act and the Department's
11    administrative rules.
12    (c) In addition to the other provisions of this Section,
13no applicant may receive a license from the Department to
14operate a foster family home, and no adult person may reside in
15a foster family home licensed by the Department, who has been
16convicted of committing or attempting to commit any of the
17following offenses stipulated under the Criminal Code of 1961,
18the Criminal Code of 2012, the Cannabis Control Act, the
19Methamphetamine Control and Community Protection Act, and the
20Illinois Controlled Substances Act:
 
21
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
22    (A) KIDNAPPING AND RELATED OFFENSES
23        (1) Unlawful restraint.
 

 

 

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1    (B) BODILY HARM
2        (2) Felony aggravated assault.
3        (3) Vehicular endangerment.
4        (4) Felony domestic battery.
5        (5) Aggravated battery.
6        (6) Heinous battery.
7        (7) Aggravated battery with a firearm.
8        (8) Aggravated battery of an unborn child.
9        (9) Aggravated battery of a senior citizen.
10        (10) Intimidation.
11        (11) Compelling organization membership of persons.
12        (12) Abuse and criminal neglect of a long term care
13    facility resident.
14        (13) Felony violation of an order of protection.
 
15
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
16        (14) Felony theft.
17        (15) Robbery.
18        (16) Armed robbery.
19        (17) Aggravated robbery.
20        (18) Vehicular hijacking.
21        (19) Aggravated vehicular hijacking.
22        (20) Burglary.
23        (21) Possession of burglary tools.
24        (22) Residential burglary.

 

 

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1        (23) Criminal fortification of a residence or
2    building.
3        (24) Arson.
4        (25) Aggravated arson.
5        (26) Possession of explosive or explosive incendiary
6    devices.
 
7
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
8        (27) Felony unlawful use of weapons.
9        (28) Aggravated discharge of a firearm.
10        (29) Reckless discharge of a firearm.
11        (30) Unlawful use of metal piercing bullets.
12        (31) Unlawful sale or delivery of firearms on the
13    premises of any school.
14        (32) Disarming a police officer.
15        (33) Obstructing justice.
16        (34) Concealing or aiding a fugitive.
17        (35) Armed violence.
18        (36) Felony contributing to the criminal delinquency
19    of a juvenile.
 
20
(IV) DRUG OFFENSES

 
21        (37) Possession of more than 30 grams of cannabis.
22        (38) Manufacture of more than 10 grams of cannabis.

 

 

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1        (39) Cannabis trafficking.
2        (40) Delivery of cannabis on school grounds.
3        (41) Unauthorized production of more than 5 cannabis
4    sativa plants.
5        (42) Calculated criminal cannabis conspiracy.
6        (43) Unauthorized manufacture or delivery of
7    controlled substances.
8        (44) Controlled substance trafficking.
9        (45) Manufacture, distribution, or advertisement of
10    look-alike substances.
11        (46) Calculated criminal drug conspiracy.
12        (46.5) Streetgang criminal drug conspiracy.
13        (47) Permitting unlawful use of a building.
14        (48) Delivery of controlled, counterfeit, or
15    look-alike substances to persons under age 18, or at truck
16    stops, rest stops, or safety rest areas, or on school
17    property.
18        (49) Using, engaging, or employing persons under 18 to
19    deliver controlled, counterfeit, or look-alike substances.
20        (50) Delivery of controlled substances.
21        (51) Sale or delivery of drug paraphernalia.
22        (52) Felony possession, sale, or exchange of
23    instruments adapted for use of a controlled substance,
24    methamphetamine, or cannabis by subcutaneous injection.
25        (53) Any violation of the Methamphetamine Control and
26    Community Protection Act.

 

 

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1    (d) Notwithstanding subsection (c), the Department may
2make an exception and issue a new foster family home license or
3may renew an existing foster family home license of an
4applicant who was convicted of an offense described in
5subsection (c), provided all of the following requirements are
6met:
7        (1) The relevant criminal offense or offenses occurred
8    more than 10 years prior to the date of application or
9    renewal.
10        (2) The applicant had previously disclosed the
11    conviction or convictions to the Department for purposes
12    of a background check.
13        (3) After the disclosure, the Department either placed
14    a child in the home or the foster family home license was
15    issued.
16        (4) During the background check, the Department had
17    assessed and waived the conviction in compliance with the
18    existing statutes and rules in effect at the time of the
19    hire or licensure.
20        (5) The applicant meets all other requirements and
21    qualifications to be licensed as a foster family home
22    under this Act and the Department's administrative rules.
23        (6) The applicant has a history of providing a safe,
24    stable home environment and appears able to continue to
25    provide a safe, stable home environment.
26    (e) In evaluating the exception pursuant to subsections

 

 

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1(b-2) and (d), the Department must carefully review any
2relevant documents to determine whether the applicant, despite
3the disqualifying convictions, poses a substantial risk to
4State resources or clients. In making such a determination,
5the following guidelines shall be used:
6        (1) the age of the applicant when the offense was
7    committed;
8        (2) the circumstances surrounding the offense;
9        (3) the length of time since the conviction;
10        (4) the specific duties and responsibilities
11    necessarily related to the license being applied for and
12    the bearing, if any, that the applicant's conviction
13    history may have on the applicant's his or her fitness to
14    perform these duties and responsibilities;
15        (5) the applicant's employment references;
16        (6) the applicant's character references and any
17    certificates of achievement;
18        (7) an academic transcript showing educational
19    attainment since the disqualifying conviction;
20        (8) a Certificate of Relief from Disabilities or
21    Certificate of Good Conduct; and
22        (9) anything else that speaks to the applicant's
23    character.
24(Source: P.A. 101-112, eff. 7-19-19.)
 
25    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)

 

 

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1    (Text of Section before amendment by P.A. 102-982)
2    Sec. 5.1. (a) The Department shall ensure that no day care
3center, group home or child care institution as defined in
4this Act shall on a regular basis transport a child or children
5with any motor vehicle unless such vehicle is operated by a
6person who complies with the following requirements:
7        1. is 21 years of age or older;
8        2. currently holds a valid driver's license, which has
9    not been revoked or suspended for one or more traffic
10    violations during the 3 years immediately prior to the
11    date of application;
12        3. demonstrates physical fitness to operate vehicles
13    by submitting the results of a medical examination
14    conducted by a licensed physician;
15        4. has not been convicted of more than 2 offenses
16    against traffic regulations governing the movement of
17    vehicles within a twelve month period;
18        5. has not been convicted of reckless driving or
19    driving under the influence or manslaughter or reckless
20    homicide resulting from the operation of a motor vehicle
21    within the past 3 years;
22        6. has signed and submitted a written statement
23    certifying that the person he has not, through the
24    unlawful operation of a motor vehicle, caused an accident
25    which resulted in the death of any person within the 5
26    years immediately prior to the date of application.

 

 

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1    However, such day care centers, group homes and child care
2institutions may provide for transportation of a child or
3children for special outings, functions or purposes that are
4not scheduled on a regular basis without verification that
5drivers for such purposes meet the requirements of this
6Section.
7    (a-5) As a means of ensuring compliance with the
8requirements set forth in subsection (a), the Department shall
9implement appropriate measures to verify that every individual
10who is employed at a group home or child care institution meets
11those requirements.
12    For every person individual employed at a group home or
13child care institution who regularly transports children in
14the course of performing the person's his or her duties, the
15Department must make the verification every 2 years. Upon the
16Department's request, the Secretary of State shall provide the
17Department with the information necessary to enable the
18Department to make the verifications required under subsection
19(a).
20    In the case of an individual employed at a group home or
21child care institution who becomes subject to subsection (a)
22for the first time after the effective date of this amendatory
23Act of the 94th General Assembly, the Department must make
24that verification with the Secretary of State before the
25individual operates a motor vehicle to transport a child or
26children under the circumstances described in subsection (a).

 

 

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1    In the case of an individual employed at a group home or
2child care institution who is subject to subsection (a) on the
3effective date of this amendatory Act of the 94th General
4Assembly, the Department must make that verification with the
5Secretary of State within 30 days after that effective date.
6    If the Department discovers that an individual fails to
7meet the requirements set forth in subsection (a), the
8Department shall promptly notify the appropriate group home or
9child care institution.
10    (b) Any individual who holds a valid Illinois school bus
11driver permit issued by the Secretary of State pursuant to The
12Illinois Vehicle Code, and who is currently employed by a
13school district or parochial school, or by a contractor with a
14school district or parochial school, to drive a school bus
15transporting children to and from school, shall be deemed in
16compliance with the requirements of subsection (a).
17    (c) The Department may, pursuant to Section 8 of this Act,
18revoke the license of any day care center, group home or child
19care institution that fails to meet the requirements of this
20Section.
21    (d) A group home or child care institution that fails to
22meet the requirements of this Section is guilty of a petty
23offense and is subject to a fine of not more than $1,000. Each
24day that a group home or child care institution fails to meet
25the requirements of this Section is a separate offense.
26(Source: P.A. 94-943, eff. 1-1-07.)
 

 

 

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1    (Text of Section after amendment by P.A. 102-982)
2    Sec. 5.1. (a) The Department shall ensure that no day care
3center, group home or child care institution as defined in
4this Act shall on a regular basis transport a child or children
5with any motor vehicle unless such vehicle is operated by a
6person who complies with the following requirements:
7        1. is 21 years of age or older;
8        2. currently holds a valid driver's license, which has
9    not been revoked or suspended for one or more traffic
10    violations during the 3 years immediately prior to the
11    date of application;
12        3. demonstrates physical fitness to operate vehicles
13    by submitting the results of a medical examination
14    conducted by a licensed physician;
15        4. has not been convicted of more than 2 offenses
16    against traffic regulations governing the movement of
17    vehicles within a twelve month period;
18        5. has not been convicted of reckless driving or
19    driving under the influence or manslaughter or reckless
20    homicide resulting from the operation of a motor vehicle
21    within the past 3 years;
22        6. has signed and submitted a written statement
23    certifying that the person he has not, through the
24    unlawful operation of a motor vehicle, caused a crash
25    which resulted in the death of any person within the 5

 

 

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1    years immediately prior to the date of application.
2    However, such day care centers, group homes and child care
3institutions may provide for transportation of a child or
4children for special outings, functions or purposes that are
5not scheduled on a regular basis without verification that
6drivers for such purposes meet the requirements of this
7Section.
8    (a-5) As a means of ensuring compliance with the
9requirements set forth in subsection (a), the Department shall
10implement appropriate measures to verify that every individual
11who is employed at a group home or child care institution meets
12those requirements.
13    For every person individual employed at a group home or
14child care institution who regularly transports children in
15the course of performing the person's his or her duties, the
16Department must make the verification every 2 years. Upon the
17Department's request, the Secretary of State shall provide the
18Department with the information necessary to enable the
19Department to make the verifications required under subsection
20(a).
21    In the case of an individual employed at a group home or
22child care institution who becomes subject to subsection (a)
23for the first time after the effective date of this amendatory
24Act of the 94th General Assembly, the Department must make
25that verification with the Secretary of State before the
26individual operates a motor vehicle to transport a child or

 

 

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1children under the circumstances described in subsection (a).
2    In the case of an individual employed at a group home or
3child care institution who is subject to subsection (a) on the
4effective date of this amendatory Act of the 94th General
5Assembly, the Department must make that verification with the
6Secretary of State within 30 days after that effective date.
7    If the Department discovers that an individual fails to
8meet the requirements set forth in subsection (a), the
9Department shall promptly notify the appropriate group home or
10child care institution.
11    (b) Any individual who holds a valid Illinois school bus
12driver permit issued by the Secretary of State pursuant to The
13Illinois Vehicle Code, and who is currently employed by a
14school district or parochial school, or by a contractor with a
15school district or parochial school, to drive a school bus
16transporting children to and from school, shall be deemed in
17compliance with the requirements of subsection (a).
18    (c) The Department may, pursuant to Section 8 of this Act,
19revoke the license of any day care center, group home or child
20care institution that fails to meet the requirements of this
21Section.
22    (d) A group home or child care institution that fails to
23meet the requirements of this Section is guilty of a petty
24offense and is subject to a fine of not more than $1,000. Each
25day that a group home or child care institution fails to meet
26the requirements of this Section is a separate offense.

 

 

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1(Source: P.A. 102-982, eff. 7-1-23.)
 
2    (225 ILCS 10/5.3)
3    Sec. 5.3. Lunches in day care homes. In order to increase
4the affordability and availability of day care, a day care
5home licensed under this Act may allow any child it receives to
6bring the child's his or her lunch for consumption instead of
7or in addition to the lunch provided by the day care home.
8(Source: P.A. 90-242, eff. 1-1-98.)
 
9    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
10    Sec. 7. (a) The Department must prescribe and publish
11minimum standards for licensing that apply to the various
12types of facilities for child care defined in this Act and that
13are equally applicable to like institutions under the control
14of the Department and to foster family homes used by and under
15the direct supervision of the Department. The Department shall
16seek the advice and assistance of persons representative of
17the various types of child care facilities in establishing
18such standards. The standards prescribed and published under
19this Act take effect as provided in the Illinois
20Administrative Procedure Act, and are restricted to
21regulations pertaining to the following matters and to any
22rules and regulations required or permitted by any other
23Section of this Act:
24        (1) The operation and conduct of the facility and

 

 

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1    responsibility it assumes for child care;
2        (2) The character, suitability and qualifications of
3    the applicant and other persons directly responsible for
4    the care and welfare of children served. All child day
5    care center licensees and employees who are required to
6    report child abuse or neglect under the Abused and
7    Neglected Child Reporting Act shall be required to attend
8    training on recognizing child abuse and neglect, as
9    prescribed by Department rules;
10        (3) The general financial ability and competence of
11    the applicant to provide necessary care for children and
12    to maintain prescribed standards;
13        (4) The number of individuals or staff required to
14    insure adequate supervision and care of the children
15    received. The standards shall provide that each child care
16    institution, maternity center, day care center, group
17    home, day care home, and group day care home shall have on
18    its premises during its hours of operation at least one
19    staff member certified in first aid, in the Heimlich
20    maneuver and in cardiopulmonary resuscitation by the
21    American Red Cross or other organization approved by rule
22    of the Department. Child welfare agencies shall not be
23    subject to such a staffing requirement. The Department may
24    offer, or arrange for the offering, on a periodic basis in
25    each community in this State in cooperation with the
26    American Red Cross, the American Heart Association or

 

 

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1    other appropriate organization, voluntary programs to
2    train operators of foster family homes and day care homes
3    in first aid and cardiopulmonary resuscitation;
4        (5) The appropriateness, safety, cleanliness, and
5    general adequacy of the premises, including maintenance of
6    adequate fire prevention and health standards conforming
7    to State laws and municipal codes to provide for the
8    physical comfort, care, and well-being of children
9    received;
10        (6) Provisions for food, clothing, educational
11    opportunities, program, equipment and individual supplies
12    to assure the healthy physical, mental, and spiritual
13    development of children served;
14        (7) Provisions to safeguard the legal rights of
15    children served;
16        (8) Maintenance of records pertaining to the
17    admission, progress, health, and discharge of children,
18    including, for day care centers and day care homes,
19    records indicating each child has been immunized as
20    required by State regulations. The Department shall
21    require proof that children enrolled in a facility have
22    been immunized against Haemophilus Influenzae B (HIB);
23        (9) Filing of reports with the Department;
24        (10) Discipline of children;
25        (11) Protection and fostering of the particular
26    religious faith of the children served;

 

 

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1        (12) Provisions prohibiting firearms on day care
2    center premises except in the possession of peace
3    officers;
4        (13) Provisions prohibiting handguns on day care home
5    premises except in the possession of peace officers or
6    other adults who must possess a handgun as a condition of
7    employment and who reside on the premises of a day care
8    home;
9        (14) Provisions requiring that any firearm permitted
10    on day care home premises, except handguns in the
11    possession of peace officers, shall be kept in a
12    disassembled state, without ammunition, in locked storage,
13    inaccessible to children and that ammunition permitted on
14    day care home premises shall be kept in locked storage
15    separate from that of disassembled firearms, inaccessible
16    to children;
17        (15) Provisions requiring notification of parents or
18    guardians enrolling children at a day care home of the
19    presence in the day care home of any firearms and
20    ammunition and of the arrangements for the separate,
21    locked storage of such firearms and ammunition;
22        (16) Provisions requiring all licensed child care
23    facility employees who care for newborns and infants to
24    complete training every 3 years on the nature of sudden
25    unexpected infant death (SUID), sudden infant death
26    syndrome (SIDS), and the safe sleep recommendations of the

 

 

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1    American Academy of Pediatrics; and
2        (17) With respect to foster family homes, provisions
3    requiring the Department to review quality of care
4    concerns and to consider those concerns in determining
5    whether a foster family home is qualified to care for
6    children.
7    By July 1, 2022, all licensed day care home providers,
8licensed group day care home providers, and licensed day care
9center directors and classroom staff shall participate in at
10least one training that includes the topics of early childhood
11social emotional learning, infant and early childhood mental
12health, early childhood trauma, or adverse childhood
13experiences. Current licensed providers, directors, and
14classroom staff shall complete training by July 1, 2022 and
15shall participate in training that includes the above topics
16at least once every 3 years.
17    (b) If, in a facility for general child care, there are
18children diagnosed as mentally ill or children diagnosed as
19having an intellectual or physical disability, who are
20determined to be in need of special mental treatment or of
21nursing care, or both mental treatment and nursing care, the
22Department shall seek the advice and recommendation of the
23Department of Human Services, the Department of Public Health,
24or both Departments regarding the residential treatment and
25nursing care provided by the institution.
26    (c) The Department shall investigate any person applying

 

 

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1to be licensed as a foster parent to determine whether there is
2any evidence of current drug or alcohol abuse in the
3prospective foster family. The Department shall not license a
4person as a foster parent if drug or alcohol abuse has been
5identified in the foster family or if a reasonable suspicion
6of such abuse exists, except that the Department may grant a
7foster parent license to an applicant identified with an
8alcohol or drug problem if the applicant has successfully
9participated in an alcohol or drug treatment program,
10self-help group, or other suitable activities and if the
11Department determines that the foster family home can provide
12a safe, appropriate environment and meet the physical and
13emotional needs of children.
14    (d) The Department, in applying standards prescribed and
15published, as herein provided, shall offer consultation
16through employed staff or other qualified persons to assist
17applicants and licensees in meeting and maintaining minimum
18requirements for a license and to help them otherwise to
19achieve programs of excellence related to the care of children
20served. Such consultation shall include providing information
21concerning education and training in early childhood
22development to providers of day care home services. The
23Department may provide or arrange for such education and
24training for those providers who request such assistance.
25    (e) The Department shall distribute copies of licensing
26standards to all licensees and applicants for a license. Each

 

 

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1licensee or holder of a permit shall distribute copies of the
2appropriate licensing standards and any other information
3required by the Department to child care facilities under its
4supervision. Each licensee or holder of a permit shall
5maintain appropriate documentation of the distribution of the
6standards. Such documentation shall be part of the records of
7the facility and subject to inspection by authorized
8representatives of the Department.
9    (f) The Department shall prepare summaries of day care
10licensing standards. Each licensee or holder of a permit for a
11day care facility shall distribute a copy of the appropriate
12summary and any other information required by the Department,
13to the legal guardian of each child cared for in that facility
14at the time when the child is enrolled or initially placed in
15the facility. The licensee or holder of a permit for a day care
16facility shall secure appropriate documentation of the
17distribution of the summary and brochure. Such documentation
18shall be a part of the records of the facility and subject to
19inspection by an authorized representative of the Department.
20    (g) The Department shall distribute to each licensee and
21holder of a permit copies of the licensing or permit standards
22applicable to such person's facility. Each licensee or holder
23of a permit shall make available by posting at all times in a
24common or otherwise accessible area a complete and current set
25of licensing standards in order that all employees of the
26facility may have unrestricted access to such standards. All

 

 

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1employees of the facility shall have reviewed the standards
2and any subsequent changes. Each licensee or holder of a
3permit shall maintain appropriate documentation of the current
4review of licensing standards by all employees. Such records
5shall be part of the records of the facility and subject to
6inspection by authorized representatives of the Department.
7    (h) Any standards involving physical examinations,
8immunization, or medical treatment shall include appropriate
9exemptions for children whose parents object thereto on the
10grounds that they conflict with the tenets and practices of a
11recognized church or religious organization, of which the
12parent is an adherent or member, and for children who should
13not be subjected to immunization for clinical reasons.
14    (i) The Department, in cooperation with the Department of
15Public Health, shall work to increase immunization awareness
16and participation among parents of children enrolled in day
17care centers and day care homes by publishing on the
18Department's website information about the benefits of
19immunization against vaccine preventable diseases, including
20influenza and pertussis. The information for vaccine
21preventable diseases shall include the incidence and severity
22of the diseases, the availability of vaccines, and the
23importance of immunizing children and persons who frequently
24have close contact with children. The website content shall be
25reviewed annually in collaboration with the Department of
26Public Health to reflect the most current recommendations of

 

 

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1the Advisory Committee on Immunization Practices (ACIP). The
2Department shall work with day care centers and day care homes
3licensed under this Act to ensure that the information is
4annually distributed to parents in August or September.
5    (j) Any standard adopted by the Department that requires
6an applicant for a license to operate a day care home to
7include a copy of a high school diploma or equivalent
8certificate with the person's his or her application shall be
9deemed to be satisfied if the applicant includes a copy of a
10high school diploma or equivalent certificate or a copy of a
11degree from an accredited institution of higher education or
12vocational institution or equivalent certificate.
13(Source: P.A. 102-4, eff. 4-27-21.)
 
14    (225 ILCS 10/7.2)  (from Ch. 23, par. 2217.2)
15    Sec. 7.2. Employer discrimination. (a) For purposes of
16this Section, "employer" means a licensee or holder of a
17permit subject to this Act. "Employee" means an employee of
18such an employer.
19    (b) No employer shall discharge, demote or suspend, or
20threaten to discharge, demote or suspend, or in any manner
21discriminate against any employee who:
22    (1) Makes any good faith oral or written complaint of any
23employer's violation of any licensing or other laws (including
24but not limited to laws concerning child abuse or the
25transportation of children) which may result in closure of the

 

 

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1facility pursuant to Section 11.2 of this Act to the
2Department or other agency having statutory responsibility for
3the enforcement of such laws or to the employer or
4representative of the employer;
5    (2) Institutes or causes to be instituted against any
6employer any proceeding concerning the violation of any
7licensing or other laws, including a proceeding to revoke or
8to refuse to renew a license under Section 9 of this Act;
9    (3) Is or will be a witness or testify in any proceeding
10concerning the violation of any licensing or other laws,
11including a proceeding to revoke or to refuse to renew a
12license under Section 9 of this Act; or
13    (4) Refuses to perform work in violation of a licensing or
14other law or regulation after notifying the employer of the
15violation.
16    (c)(1) A claim by an employee alleging an employer's
17violation of subsection (b) of this Section shall be presented
18to the employer within 30 days after the date of the action
19complained of and shall be filed with the Department of Labor
20within 60 days after the date of the action complained of.
21    (2) Upon receipt of the complaint, the Department of Labor
22shall conduct whatever investigation it deems appropriate, and
23may hold a hearing. After investigation or hearing, the
24Department of Labor shall determine whether the employer has
25violated subsection (b) of this Section and it shall notify
26the employer and the employee of its determination.

 

 

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1    (3) If the Department of Labor determines that the
2employer has violated subsection (b) of this Section, and the
3employer refuses to take remedial action to comply with the
4determination, the Department of Labor shall so notify the
5Attorney General, who shall bring an action against the
6employer in the circuit court seeking enforcement of its
7determination. The court may order any appropriate relief,
8including rehiring and reinstatement of the employee to the
9person's his or her former position with backpay and other
10benefits.
11    (d) Except for any grievance procedure, arbitration or
12hearing which is available to the employee pursuant to a
13collective bargaining agreement, this Section shall be the
14exclusive remedy for an employee complaining of any action
15described in subsection (b).
16    (e) Any employer who willfully wilfully refuses to rehire,
17promote or otherwise restore an employee or former employee
18who has been determined eligible for rehiring or promotion as
19a result of any grievance procedure, arbitration or hearing
20authorized by law shall be guilty of a Class A misdemeanor.
21(Source: P.A. 85-987.)
 
22    (225 ILCS 10/7.3)
23    Sec. 7.3. Children placed by private child welfare agency.
24    (a) Before placing a child who is a youth in care in a
25foster family home, a private child welfare agency must

 

 

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1ascertain (i) whether any other children who are youth in care
2have been placed in that home and (ii) whether every such child
3who has been placed in that home continues to reside in that
4home, unless the child has been transferred to another
5placement or is no longer a youth in care. The agency must keep
6a record of every other child welfare agency that has placed
7such a child in that foster family home; the record must
8include the name and telephone number of a contact person at
9each such agency.
10    (b) At least once every 30 days, a private child welfare
11agency that places youth in care in foster family homes must
12make a site visit to every such home where it has placed a
13youth in care. The purpose of the site visit is to verify that
14the child continues to reside in that home and to verify the
15child's safety and well-being. The agency must document the
16verification in its records. If a private child welfare agency
17fails to comply with the requirements of this subsection, the
18Department must suspend all payments to the agency until the
19agency complies.
20    (c) The Department must periodically (but no less often
21than once every 6 months) review the child placement records
22of each private child welfare agency that places youth in
23care.
24    (d) If a child placed in a foster family home is missing,
25the foster parent must promptly report that fact to the
26Department or to the child welfare agency that placed the

 

 

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1child in the home. If the foster parent fails to make such a
2report, the Department shall put the home on hold for the
3placement of other children and initiate corrective action
4that may include revocation of the foster parent's license to
5operate the foster family home. A foster parent who knowingly
6and willfully fails to report a missing foster child under
7this subsection is guilty of a Class A misdemeanor.
8    (e) If a private child welfare agency determines that a
9youth in care whom it has placed in a foster family home no
10longer resides in that home, the agency must promptly report
11that fact to the Department. If the agency fails to make such a
12report, the Department shall put the agency on hold for the
13placement of other children and initiate corrective action
14that may include revocation of the agency's license.
15    (f) When a child is missing from a foster home, the
16Department or private agency in charge of case management
17shall report regularly to the foster parent concerning efforts
18to locate the missing child.
19    (g) The Department must strive to account for the status
20and whereabouts of every one of its youth in care who it
21determines is not residing in the authorized placement in
22which the youth he or she was placed.
23(Source: P.A. 100-159, eff. 8-18-17.)
 
24    (225 ILCS 10/7.4)
25    Sec. 7.4. Disclosures.

 

 

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1    (a) Every licensed child welfare agency providing adoption
2services shall provide to all prospective clients and to the
3public written disclosures with respect to its adoption
4services, policies, and practices, including general
5eligibility criteria, fees, and the mutual rights and
6responsibilities of clients, including birth biological
7parents and adoptive parents. The written disclosure shall be
8posted on any website maintained by the child welfare agency
9that relates to adoption services. The Department shall adopt
10rules relating to the contents of the written disclosures.
11Eligible agencies may be deemed compliant with this subsection
12(a).
13    (b) Every licensed child welfare agency providing adoption
14services shall provide to all applicants, prior to
15application, a written schedule of estimated fees, expenses,
16and refund policies. Every child welfare agency providing
17adoption services shall have a written policy that shall be
18part of its standard adoption contract and state that it will
19not charge additional fees and expenses beyond those disclosed
20in the adoption contract unless additional fees are reasonably
21required by the circumstances and are disclosed to the
22adoptive parents or parent before they are incurred. The
23Department shall adopt rules relating to the contents of the
24written schedule and policy. Eligible agencies may be deemed
25compliant with this subsection (b).
26    (c) Every licensed child welfare agency providing adoption

 

 

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1services must make full and fair disclosure to its clients,
2including birth biological parents and adoptive parents, of
3all circumstances material to the placement of a child for
4adoption. The Department shall adopt rules necessary for the
5implementation and regulation of the requirements of this
6subsection (c).
7    (c-5) Whenever a licensed child welfare agency places a
8child in a licensed foster family home or an adoption-only
9home, the agency shall provide the following to the caretaker
10or prospective adoptive parent:
11        (1) Available detailed information concerning the
12    child's educational and health history, copies of
13    immunization records (including insurance and medical card
14    information), a history of the child's previous
15    placements, if any, and reasons for placement changes,
16    excluding any information that identifies or reveals the
17    location of any previous caretaker.
18        (2) A copy of the child's portion of the client
19    service plan, including any visitation arrangement, and
20    all amendments or revisions to it as related to the child.
21        (3) Information containing details of the child's
22    individualized educational plan when the child is
23    receiving special education services.
24        (4) Any known social or behavioral information
25    (including, but not limited to, criminal background, fire
26    setting, perpetration of sexual abuse, destructive

 

 

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1    behavior, and substance abuse) necessary to care for and
2    safeguard the child.
3    The agency may prepare a written summary of the
4information required by this subsection, which may be provided
5to the foster or prospective adoptive parent in advance of a
6placement. The foster or prospective adoptive parent may
7review the supporting documents in the child's file in the
8presence of casework staff. In the case of an emergency
9placement, casework staff shall at least provide information
10verbally, if necessary, and must subsequently provide the
11information in writing as required by this subsection. In the
12case of emergency placements when time does not allow prior
13review, preparation, and collection of written information,
14the agency shall provide such information as it becomes
15available.
16    The Department shall adopt rules necessary for the
17implementation and regulation of the requirements of this
18subsection (c-5).
19    (d) Every licensed child welfare agency providing adoption
20services shall meet minimum standards set forth by the
21Department concerning the taking or acknowledging of a consent
22prior to taking or acknowledging a consent from a prospective
23birth biological parent. The Department shall adopt rules
24concerning the minimum standards required by agencies under
25this Section.
26(Source: P.A. 99-833, eff. 1-1-17.)
 

 

 

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1    (225 ILCS 10/7.6)
2    Sec. 7.6. Annual report. Every licensed child welfare
3agency providing adoption services shall file an annual report
4with the Department and with the Attorney General on forms and
5on a date prescribed by the Department. The annual reports for
6the preceding 2 years must be made available, upon request, to
7the public by the Department and every licensed agency and
8must be included on the website of the Department. Each
9licensed agency that maintains a website shall provide the
10reports on its website. The annual report shall include all of
11the following matters and all other matters required by the
12Department:
13        (1) a balance sheet and a statement of income and
14    expenses for the year, certified by an independent public
15    accountant; for purposes of this item (1), the audit
16    report filed by an agency with the Department may be
17    included in the annual report and, if so, shall be
18    sufficient to comply with the requirement of this item
19    (1);
20        (2) non-identifying information concerning the
21    placements made by the agency during the year, consisting
22    of the number of adoptive families in the process of
23    obtaining approval for an adoption-only home, the number
24    of adoptive families that are approved and awaiting
25    placement, the number of birth biological parents that the

 

 

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1    agency is actively working with, the number of placements,
2    and the number of adoptions initiated during the year and
3    the status of each matter at the end of the year;
4        (3) any instance during the year in which the agency
5    lost the right to provide adoption services in any State
6    or country, had its license suspended for cause, or was
7    the subject of other sanctions by any court, governmental
8    agency, or governmental regulatory body relating to the
9    provision of adoption services;
10        (4) any actions related to licensure that were
11    initiated against the agency during the year by a
12    licensing or accrediting body;
13        (5) any pending investigations by federal or State
14    authorities;
15        (6) any criminal charges, child abuse charges,
16    malpractice complaints, or lawsuits against the agency or
17    any of its employees, officers, or directors related to
18    the provision of adoption services and the basis or
19    disposition of the actions;
20        (7) any instance in the year where the agency was
21    found guilty of, or pled guilty to, any criminal or civil
22    or administrative violation under federal, State, or
23    foreign law that relates to the provision of adoption
24    services;
25        (8) any instance in the year where any employee,
26    officer, or director of the agency was found guilty of any

 

 

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1    crime or was determined to have violated a civil law or
2    administrative rule under federal, State, or foreign law
3    relating to the provision of adoption services; and
4        (9) any civil or administrative proceeding instituted
5    by the agency during the year and relating to adoption
6    services, excluding uncontested adoption proceedings and
7    proceedings filed pursuant to Section 12a of the Adoption
8    Act.
9    Failure to disclose information required under this
10Section may result in the suspension of the agency's license
11for a period of 90 days. Subsequent violations may result in
12revocation of the license.
13    Information disclosed in accordance with this Section
14shall be subject to the applicable confidentiality
15requirements of this Act and the Adoption Act.
16(Source: P.A. 99-833, eff. 1-1-17.)
 
17    (225 ILCS 10/7.7)
18    Sec. 7.7. Certain waivers prohibited. Licensed child
19welfare agencies providing adoption services shall not require
20birth biological or adoptive parents to sign any document that
21purports to waive claims against an agency for intentional or
22reckless acts or omissions or for gross negligence. Nothing in
23this Section shall require an agency to assume risks that are
24not within the reasonable control of the agency.
25(Source: P.A. 94-586, eff. 8-15-05.)
 

 

 

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1    (225 ILCS 10/9)  (from Ch. 23, par. 2219)
2    Sec. 9. Prior to revocation or refusal to renew a license,
3the Department shall notify the licensee by registered mail
4with postage prepaid, at the address specified on the license,
5or at the address of the ranking or presiding officer of a
6board of directors, or any equivalent body conducting a child
7care facility, of the contemplated action and that the
8licensee may, within 10 days of such notification, dating from
9the postmark of the registered mail, request in writing a
10public hearing before the Department, and, at the same time,
11may request a written statement of charges from the
12Department.
13    (a) Upon written request by the licensee, the Department
14shall furnish such written statement of charges, and, at the
15same time, shall set the date and place for the hearing. The
16charges and notice of the hearing shall be delivered by
17registered mail with postage prepaid, and the hearing must be
18held within 30 days, dating from the date of the postmark of
19the registered mail, except that notification must be made at
20least 15 days in advance of the date set for the hearing.
21    (b) If no request for a hearing is made within 10 days
22after notification, or if the Department determines, upon
23holding a hearing, that the license should be revoked or
24renewal denied, then the license shall be revoked or renewal
25denied.

 

 

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1    (c) Upon the hearing of proceedings in which the license
2is revoked, renewal of license is refused or full license is
3denied, the Director of the Department, or any officer or
4employee duly authorized by the Director him in writing, may
5administer oaths and the Department may procure, by its
6subpoena, the attendance of witnesses and the production of
7relevant books and papers.
8    (d) At the time and place designated, the Director of the
9Department or the officer or employee authorized by the
10Director him in writing, shall hear the charges, and both the
11Department and the licensee shall be allowed to present in
12person or by counsel such statements, testimony and evidence
13as may be pertinent to the charges or to the defense thereto.
14The hearing officer may continue such hearing from time to
15time, but not to exceed a single period of 30 days, unless
16special extenuating circumstances make further continuance
17feasible.
18(Source: P.A. 83-1362.)
 
19    (225 ILCS 10/9.1b)
20    Sec. 9.1b. Complaint procedures. All child welfare
21agencies providing adoption services shall be required by the
22Department to have complaint policies and procedures that
23shall be provided in writing to their prospective clients,
24including birth biological parents, adoptive parents, and
25adoptees that they have served, at the earliest time possible,

 

 

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1and, in the case of birth biological and adoptive parents,
2prior to placement or prior to entering into any written
3contract with the clients. These complaint procedures must be
4filed with the Department within 6 months after the effective
5date of this amendatory Act of the 94th General Assembly.
6Failure to comply with this Section may result in the
7suspension of licensure for a period of 90 days. Subsequent
8violations may result in licensure revocation. The Department
9shall adopt rules that describe the complaint procedures
10required by each agency. These rules shall include without
11limitation prompt complaint response time, recording of the
12complaints, prohibition of agency retaliation against the
13person making the complaint, and agency reporting of all
14complaints to the Department in a timely manner. Any agency
15that maintains a website shall post the prescribed complaint
16procedures and its license number, as well as the statewide
17toll-free complaint registry telephone number, on its website.
18(Source: P.A. 94-586, eff. 8-15-05.)
 
19    (225 ILCS 10/12)  (from Ch. 23, par. 2222)
20    Sec. 12. Advertisements.
21    (a) In this Section, "advertise" means communication by
22any public medium originating or distributed in this State,
23including, but not limited to, newspapers, periodicals,
24telephone book listings, outdoor advertising signs, radio, or
25television.

 

 

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1    (b) A child care facility or child welfare agency licensed
2or operating under a permit issued by the Department may
3publish advertisements for the services that the facility is
4specifically licensed or issued a permit under this Act to
5provide. A person, group of persons, agency, association,
6organization, corporation, institution, center, or group who
7advertises or causes to be published any advertisement
8offering, soliciting, or promising to perform adoption
9services as defined in Section 2.24 of this Act is guilty of a
10Class A misdemeanor and shall be subject to a fine not to
11exceed $10,000 or 9 months imprisonment for each
12advertisement, unless that person, group of persons, agency,
13association, organization, corporation, institution, center,
14or group is (i) licensed or operating under a permit issued by
15the Department as a child care facility or child welfare
16agency, (ii) a birth biological parent or a prospective
17adoptive parent acting on the birth parent's or prospective
18adoptive parent's his or her own behalf, or (iii) a licensed
19attorney advertising the licensed attorney's his or her
20availability to provide legal services relating to adoption,
21as permitted by law.
22    (c) Every advertisement published after the effective date
23of this amendatory Act of the 94th General Assembly shall
24include the Department-issued license number of the facility
25or agency.
26    (d) Any licensed child welfare agency providing adoption

 

 

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1services that, after the effective date of this amendatory Act
2of the 94th General Assembly, causes to be published an
3advertisement containing reckless or intentional
4misrepresentations concerning adoption services or
5circumstances material to the placement of a child for
6adoption is guilty of a Class A misdemeanor and is subject to a
7fine not to exceed $10,000 or 9 months imprisonment for each
8advertisement.
9    (e) An out-of-state agency that is not licensed in
10Illinois and that has a written interagency agreement with one
11or more Illinois licensed child welfare agencies may advertise
12under this Section, provided that (i) the out-of-state agency
13must be officially recognized by the United States Internal
14Revenue Service as a tax-exempt organization under 501(c)(3)
15of the Internal Revenue Code of 1986 (or any successor
16provision of federal tax law), (ii) the out-of-state agency
17provides only international adoption services and is covered
18by the Intercountry Adoption Act of 2000, (iii) the
19out-of-state agency displays, in the advertisement, the
20license number of at least one of the Illinois licensed child
21welfare agencies with which it has a written agreement, and
22(iv) the advertisements pertain only to international adoption
23services. Subsection (d) of this Section shall apply to any
24out-of-state agencies described in this subsection (e).
25    (f) An advertiser, publisher, or broadcaster, including,
26but not limited to, newspapers, periodicals, telephone book

 

 

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1publishers, outdoor advertising signs, radio stations, or
2television stations, who knowingly or recklessly advertises or
3publishes any advertisement offering, soliciting, or promising
4to perform adoption services, as defined in Section 2.24 of
5this Act, on behalf of a person, group of persons, agency,
6association, organization, corporation, institution, center,
7or group, not authorized to advertise under subsection (b) or
8subsection (e) of this Section, is guilty of a Class A
9misdemeanor and is subject to a fine not to exceed $10,000 or 9
10months imprisonment for each advertisement.
11    (g) The Department shall maintain a website listing child
12welfare agencies licensed by the Department that provide
13adoption services and other general information for birth
14biological parents and adoptive parents. The website shall
15include, but not be limited to, agency addresses, phone
16numbers, e-mail addresses, website addresses, annual reports
17as referenced in Section 7.6 of this Act, agency license
18numbers, the Birth Parent Bill of Rights, the Adoptive Parents
19Bill of Rights, and the Department's complaint registry
20established under Section 9.1a of this Act. The Department
21shall adopt any rules necessary to implement this Section.
22    (h) Nothing in this Act shall prohibit a day care agency,
23day care center, day care home, or group day care home that
24does not provide or perform adoption services, as defined in
25Section 2.24 of this Act, from advertising or marketing the
26day care agency, day care center, day care home, or group day

 

 

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1care home.
2(Source: P.A. 100-406, eff. 1-1-18.)
 
3    (225 ILCS 10/14.5)
4    Sec. 14.5. Offering, providing, or co-signing a loan or
5other credit accommodation. No person or entity shall offer,
6provide, or co-sign a loan or other credit accommodation,
7directly or indirectly, with a birth biological parent or a
8relative of a birth biological parent based on the contingency
9of a surrender or placement of a child for adoption.
10(Source: P.A. 93-1063, eff. 6-1-05.)
 
11    (225 ILCS 10/14.7)
12    Sec. 14.7. Payments to birth biological parents.
13    (a) Payment of reasonable living expenses by a child
14welfare agency shall not obligate the birth biological parents
15to place the child for adoption. In the event that the birth
16biological parents choose not to place the child for adoption,
17the child welfare agency shall have no right to seek
18reimbursement from the birth biological parents, or from any
19relative of the birth biological parents, of moneys paid to,
20or on behalf of, the birth biological parents, except as
21provided in subsection (b) of this Section.
22    (b) Notwithstanding subsection (a) of this Section, a
23child welfare agency may seek reimbursement of reasonable
24living expenses from a person who receives such payments only

 

 

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1if the person who accepts payment of reasonable living
2expenses before the child's birth, as described in subsection
3(a) of this Section, knows that the person on whose behalf they
4are accepting payment is not pregnant at the time of the
5receipt of such payments or the person receives reimbursement
6for reasonable living expenses simultaneously from more than
7one child welfare agency without the agencies' knowledge.
8(Source: P.A. 94-586, eff. 8-15-05.)
 
9    (225 ILCS 10/18)  (from Ch. 23, par. 2228)
10    Sec. 18. Any person, group of persons, association or
11corporation who
12    (1) conducts, operates or acts as a child care facility
13without a license or permit to do so in violation of Section 3
14of this Act;
15    (2) makes materially false statements in order to obtain a
16license or permit;
17    (3) fails to keep the records and make the reports
18provided under this Act;
19    (4) advertises any service not authorized by license or
20permit held;
21    (5) publishes any advertisement in violation of this Act;
22    (6) receives within this State any child in violation of
23Section 16 of this Act; or
24    (7) violates any other provision of this Act or any
25reasonable rule or regulation adopted and published by the

 

 

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1Department for the enforcement of the provisions of this Act,
2is guilty of a Class A misdemeanor and in case of an
3association or corporation, imprisonment may be imposed upon
4its officers who knowingly participated in the violation.
5    Any child care facility that continues to operate after
6its license is revoked under Section 8 of this Act or after its
7license expires and the Department refused to renew the
8license as provided in Section 8 of this Act is guilty of a
9business offense and shall be fined an amount in excess of $500
10but not exceeding $10,000, and each day of violation is a
11separate offense.
12    In a prosecution under this Act, a defendant who relies
13upon the relationship of any child to the defendant himself
14has the burden of proof as to that relationship.
15(Source: P.A. 83-1362.)
 
16    Section 50. The Abandoned Newborn Infant Protection Act is
17amended by changing Sections 10, 15, 30, and 35 as follows:
 
18    (325 ILCS 2/10)
19    Sec. 10. Definitions. In this Act:
20    "Abandon" has the same meaning as in the Abused and
21Neglected Child Reporting Act.
22    "Abused child" has the same meaning as in the Abused and
23Neglected Child Reporting Act.
24    "Child-placing agency" means a licensed public or private

 

 

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1agency that receives a child for the purpose of placing or
2arranging for the placement of the child in a foster family
3home or other facility for child care, apart from the custody
4of the child's parents.
5    "Department" or "DCFS" means the Illinois Department of
6Children and Family Services.
7    "Emergency medical facility" means a freestanding
8emergency center or trauma center, as defined in the Emergency
9Medical Services (EMS) Systems Act.
10    "Emergency medical professional" includes licensed
11physicians, and any emergency medical technician, emergency
12medical technician-intermediate, advanced emergency medical
13technician, paramedic, trauma nurse specialist, and
14pre-hospital registered nurse, as defined in the Emergency
15Medical Services (EMS) Systems Act.
16    "Fire station" means a fire station within the State with
17at least one staff person.
18    "Hospital" has the same meaning as in the Hospital
19Licensing Act.
20    "Legal custody" means the relationship created by a court
21order in the best interest of a newborn infant that imposes on
22the infant's custodian the responsibility of physical
23possession of the infant, the duty to protect, train, and
24discipline the infant, and the duty to provide the infant with
25food, shelter, education, and medical care, except as these
26are limited by parental rights and responsibilities.

 

 

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1    "Neglected child" has the same meaning as in the Abused
2and Neglected Child Reporting Act.
3    "Newborn infant" means a child who a licensed physician
4reasonably believes is 30 days old or less at the time the
5child is initially relinquished to a hospital, police station,
6fire station, or emergency medical facility, and who is not an
7abused or a neglected child.
8    "Police station" means a municipal police station, a
9county sheriff's office, a campus police department located on
10any college or university owned or controlled by the State or
11any private college or private university that is not owned or
12controlled by the State when employees of the campus police
13department are present, or any of the district headquarters of
14the Illinois State Police.
15    "Relinquish" means to bring a newborn infant, who a
16licensed physician reasonably believes is 30 days old or less,
17to a hospital, police station, fire station, or emergency
18medical facility and to leave the infant with personnel of the
19facility, if the person leaving the infant does not express an
20intent to return for the infant or states that the person he or
21she will not return for the infant. In the case of a person
22mother who gives birth to an infant in a hospital, the person's
23mother's act of leaving that newborn infant at the hospital
24(i) without expressing an intent to return for the infant or
25(ii) stating that the person she will not return for the infant
26is not a "relinquishment" under this Act.

 

 

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1    "Temporary protective custody" means the temporary
2placement of a newborn infant within a hospital or other
3medical facility out of the custody of the infant's parent.
4(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
 
5    (325 ILCS 2/15)
6    Sec. 15. Presumptions.
7    (a) There is a presumption that by relinquishing a newborn
8infant in accordance with this Act, the infant's parent
9consents to the termination of the parent's his or her
10parental rights with respect to the infant.
11    (b) There is a presumption that a person relinquishing a
12newborn infant in accordance with this Act:
13        (1) is the newborn infant's birth biological parent;
14    and
15        (2) either without expressing an intent to return for
16    the infant or expressing an intent not to return for the
17    infant, did intend to relinquish the infant to the
18    hospital, police station, fire station, or emergency
19    medical facility to treat, care for, and provide for the
20    infant in accordance with this Act.
21    (c) A parent of a relinquished newborn infant may rebut
22the presumption set forth in either subsection (a) or
23subsection (b) pursuant to Section 55, at any time before the
24termination of the parent's parental rights.
25(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;

 

 

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193-820, eff. 7-27-04.)
 
2    (325 ILCS 2/30)
3    Sec. 30. Anonymity of relinquishing person. If there is
4no evidence of abuse or neglect of a relinquished newborn
5infant, the relinquishing person has the right to remain
6anonymous and to leave the hospital, police station, fire
7station, or emergency medical facility at any time and not be
8pursued or followed. Before the relinquishing person leaves
9the hospital, police station, fire station, or emergency
10medical facility, the hospital, police station, fire station,
11or emergency medical facility personnel shall (i) verbally
12inform the relinquishing person that by relinquishing the
13child anonymously, the relinquishing person he or she will
14have to petition the court if the relinquishing person he or
15she desires to prevent the termination of parental rights and
16regain custody of the child and (ii) shall offer the
17relinquishing person the information packet described in
18Section 35 of this Act. However, nothing in this Act shall be
19construed as precluding the relinquishing person from
20providing the relinquishing person's his or her identity or
21completing the application forms for the Illinois Adoption
22Registry and Medical Information Exchange and requesting that
23the hospital, police station, fire station, or emergency
24medical facility forward those forms to the Illinois Adoption
25Registry and Medical Information Exchange.

 

 

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1(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
293-820, eff. 7-27-04.)
 
3    (325 ILCS 2/35)
4    Sec. 35. Information for relinquishing person.
5    (a) A hospital, police station, fire station, or emergency
6medical facility that receives a newborn infant relinquished
7in accordance with this Act must offer an information packet
8to the relinquishing person and, if possible, must clearly
9inform the relinquishing person that the relinquishing
10person's his or her acceptance of the information is
11completely voluntary. The information packet must include all
12of the following:
13        (1) (Blank).
14        (2) Written notice of the following:
15            (A) No sooner than 60 days following the date of
16        the initial relinquishment of the infant to a
17        hospital, police station, fire station, or emergency
18        medical facility, the child-placing agency or the
19        Department will commence proceedings for the
20        termination of parental rights and placement of the
21        infant for adoption.
22            (B) Failure of a parent of the infant to contact
23        the Department and petition for the return of custody
24        of the infant before termination of parental rights
25        bars any future action asserting legal rights with

 

 

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1        respect to the infant.
2        (3) A resource list of providers of counseling
3    services including grief counseling, pregnancy counseling,
4    and counseling regarding adoption and other available
5    options for placement of the infant.
6    Upon request of a parent, the Department of Public Health
7shall provide the application forms for the Illinois Adoption
8Registry and Medical Information Exchange.
9    (b) The information packet given to a relinquishing parent
10in accordance with this Act shall include, in addition to
11other information required under this Act, the following:
12        (1) A brochure (with a self-mailer attached) that
13    describes this Act and the rights of birth parents,
14    including an optional section for the parent to complete
15    and mail to the Department of Children and Family
16    Services, that shall ask for basic anonymous background
17    information about the relinquished child. This brochure
18    shall be maintained by the Department on its website.
19        (2) A brochure that describes the Illinois Adoption
20    Registry, including a toll-free number and website
21    information. This brochure shall be maintained on the
22    Office of Vital Records website.
23        (3) A brochure describing postpartum health
24    information for the mother.
25    The information packet shall be designed in coordination
26between the Office of Vital Records and the Department of

 

 

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1Children and Family Services, with the exception of the
2resource list of providers of counseling services and adoption
3agencies, which shall be provided by the hospital, fire
4station, police station, sheriff's office, or emergency
5medical facility.
6(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
 
7    Section 55. The Abused and Neglected Child Reporting Act
8is amended by changing Sections 2.1, 3, 4, 4.1, 4.2, 4.4, 4.5,
95, 7, 7.3b, 7.3c, 7.4, 7.9, 7.14, 7.16, 7.19, 11.1, 11.1a,
1011.3, 11.5, and 11.8 as follows:
 
11    (325 ILCS 5/2.1)  (from Ch. 23, par. 2052.1)
12    Sec. 2.1. Any person or family seeking assistance in
13meeting child care responsibilities may use the services and
14facilities established by this Act which may assist in meeting
15such responsibilities. Whether or not the problem presented
16constitutes child abuse or neglect, such persons or families
17shall be referred to appropriate resources or agencies. No
18person seeking assistance under this Section shall be required
19to give the person's his name or any other identifying
20information.
21(Source: P.A. 81-1077.)
 
22    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
23    Sec. 3. As used in this Act unless the context otherwise

 

 

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1requires:
2    "Adult resident" means any person between 18 and 22 years
3of age who resides in any facility licensed by the Department
4under the Child Care Act of 1969. For purposes of this Act, the
5criteria set forth in the definitions of "abused child" and
6"neglected child" shall be used in determining whether an
7adult resident is abused or neglected.
8    "Agency" means a child care facility licensed under
9Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
10includes a transitional living program that accepts children
11and adult residents for placement who are in the guardianship
12of the Department.
13    "Blatant disregard" means an incident where the real,
14significant, and imminent risk of harm would be so obvious to a
15reasonable parent or caretaker that it is unlikely that a
16reasonable parent or caretaker would have exposed the child to
17the danger without exercising precautionary measures to
18protect the child from harm. With respect to a person working
19at an agency in the person's his or her professional capacity
20with a child or adult resident, "blatant disregard" includes a
21failure by the person to perform job responsibilities intended
22to protect the child's or adult resident's health, physical
23well-being, or welfare, and, when viewed in light of the
24surrounding circumstances, evidence exists that would cause a
25reasonable person to believe that the child was neglected.
26With respect to an agency, "blatant disregard" includes a

 

 

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1failure to implement practices that ensure the health,
2physical well-being, or welfare of the children and adult
3residents residing in the facility.
4    "Child" means any person under the age of 18 years, unless
5legally emancipated by reason of marriage or entry into a
6branch of the United States armed services.
7    "Department" means Department of Children and Family
8Services.
9    "Local law enforcement agency" means the police of a city,
10town, village or other incorporated area or the sheriff of an
11unincorporated area or any sworn officer of the Illinois State
12Police.
13    "Abused child" means a child whose parent or immediate
14family member, or any person responsible for the child's
15welfare, or any individual residing in the same home as the
16child, or a paramour of the child's parent:
17        (a) inflicts, causes to be inflicted, or allows to be
18    inflicted upon such child physical injury, by other than
19    accidental means, which causes death, disfigurement,
20    impairment of physical or emotional health, or loss or
21    impairment of any bodily function;
22        (b) creates a substantial risk of physical injury to
23    such child by other than accidental means which would be
24    likely to cause death, disfigurement, impairment of
25    physical or emotional health, or loss or impairment of any
26    bodily function;

 

 

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1        (c) commits or allows to be committed any sex offense
2    against such child, as such sex offenses are defined in
3    the Criminal Code of 2012 or in the Wrongs to Children Act,
4    and extending those definitions of sex offenses to include
5    children under 18 years of age;
6        (d) commits or allows to be committed an act or acts of
7    torture upon such child;
8        (e) inflicts excessive corporal punishment or, in the
9    case of a person working for an agency who is prohibited
10    from using corporal punishment, inflicts corporal
11    punishment upon a child or adult resident with whom the
12    person is working in the person's his or her professional
13    capacity;
14        (f) commits or allows to be committed the offense of
15    female genital mutilation, as defined in Section 12-34 of
16    the Criminal Code of 2012, against the child;
17        (g) causes to be sold, transferred, distributed, or
18    given to such child under 18 years of age, a controlled
19    substance as defined in Section 102 of the Illinois
20    Controlled Substances Act in violation of Article IV of
21    the Illinois Controlled Substances Act or in violation of
22    the Methamphetamine Control and Community Protection Act,
23    except for controlled substances that are prescribed in
24    accordance with Article III of the Illinois Controlled
25    Substances Act and are dispensed to such child in a manner
26    that substantially complies with the prescription;

 

 

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1        (h) commits or allows to be committed the offense of
2    involuntary servitude, involuntary sexual servitude of a
3    minor, or trafficking in persons as defined in Section
4    10-9 of the Criminal Code of 2012 against the child; or
5        (i) commits the offense of grooming, as defined in
6    Section 11-25 of the Criminal Code of 2012, against the
7    child.
8    A child shall not be considered abused for the sole reason
9that the child has been relinquished in accordance with the
10Abandoned Newborn Infant Protection Act.
11    "Neglected child" means any child who is not receiving the
12proper or necessary nourishment or medically indicated
13treatment including food or care not provided solely on the
14basis of the present or anticipated mental or physical
15impairment as determined by a physician acting alone or in
16consultation with other physicians or otherwise is not
17receiving the proper or necessary support or medical or other
18remedial care recognized under State law as necessary for a
19child's well-being, or other care necessary for the child's
20his or her well-being, including adequate food, clothing and
21shelter; or who is subjected to an environment which is
22injurious insofar as (i) the child's environment creates a
23likelihood of harm to the child's health, physical well-being,
24or welfare and (ii) the likely harm to the child is the result
25of a blatant disregard of parent, caretaker, person
26responsible for the child's welfare, or agency

 

 

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1responsibilities; or who is abandoned by the child's his or
2her parents or other person responsible for the child's
3welfare without a proper plan of care; or who has been provided
4with interim crisis intervention services under Section 3-5 of
5the Juvenile Court Act of 1987 and whose parent, guardian, or
6custodian refuses to permit the child to return home and no
7other living arrangement agreeable to the parent, guardian, or
8custodian can be made, and the parent, guardian, or custodian
9has not made any other appropriate living arrangement for the
10child; or who is a newborn infant whose blood, urine, or
11meconium contains any amount of a controlled substance as
12defined in subsection (f) of Section 102 of the Illinois
13Controlled Substances Act or a metabolite thereof, with the
14exception of a controlled substance or metabolite thereof
15whose presence in the newborn infant is the result of medical
16treatment administered to the person who gave birth mother or
17the newborn infant. A child shall not be considered neglected
18for the sole reason that the child's parent or other person
19responsible for the child's his or her welfare has left the
20child in the care of an adult relative for any period of time.
21A child shall not be considered neglected for the sole reason
22that the child has been relinquished in accordance with the
23Abandoned Newborn Infant Protection Act. A child shall not be
24considered neglected or abused for the sole reason that such
25child's parent or other person responsible for the child's his
26or her welfare depends upon spiritual means through prayer

 

 

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1alone for the treatment or cure of disease or remedial care as
2provided under Section 4 of this Act. A child shall not be
3considered neglected or abused solely because the child is not
4attending school in accordance with the requirements of
5Article 26 of The School Code, as amended.
6    "Child Protective Service Unit" means certain specialized
7State employees of the Department assigned by the Director to
8perform the duties and responsibilities as provided under
9Section 7.2 of this Act.
10    "Near fatality" means an act that, as certified by a
11physician, places the child in serious or critical condition,
12including acts of great bodily harm inflicted upon children
13under 13 years of age, and as otherwise defined by Department
14rule.
15    "Great bodily harm" includes bodily injury which creates a
16high probability of death, or which causes serious permanent
17disfigurement, or which causes a permanent or protracted loss
18or impairment of the function of any bodily member or organ, or
19other serious bodily harm.
20    "Person responsible for the child's welfare" means the
21child's parent; guardian; foster parent; relative caregiver;
22any person responsible for the child's welfare in a public or
23private residential agency or institution; any person
24responsible for the child's welfare within a public or private
25profit or not for profit child care facility; or any other
26person responsible for the child's welfare at the time of the

 

 

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1alleged abuse or neglect, including any person who commits or
2allows to be committed, against the child, the offense of
3involuntary servitude, involuntary sexual servitude of a
4minor, or trafficking in persons for forced labor or services,
5as provided in Section 10-9 of the Criminal Code of 2012,
6including, but not limited to, the custodian of the minor, or
7any person who came to know the child through an official
8capacity or position of trust, including, but not limited to,
9health care professionals, educational personnel, recreational
10supervisors, members of the clergy, and volunteers or support
11personnel in any setting where children may be subject to
12abuse or neglect.
13    "Temporary protective custody" means custody within a
14hospital or other medical facility or a place previously
15designated for such custody by the Department, subject to
16review by the Court, including a licensed foster home, group
17home, or other institution; but such place shall not be a jail
18or other place for the detention of criminal or juvenile
19offenders.
20    "An unfounded report" means any report made under this Act
21for which it is determined after an investigation that no
22credible evidence of abuse or neglect exists.
23    "An indicated report" means a report made under this Act
24if an investigation determines that credible evidence of the
25alleged abuse or neglect exists.
26    "An undetermined report" means any report made under this

 

 

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1Act in which it was not possible to initiate or complete an
2investigation on the basis of information provided to the
3Department.
4    "Subject of report" means any child reported to the
5central register of child abuse and neglect established under
6Section 7.7 of this Act as an alleged victim of child abuse or
7neglect and the parent or guardian of the alleged victim or
8other person responsible for the alleged victim's welfare who
9is named in the report or added to the report as an alleged
10perpetrator of child abuse or neglect.
11    "Perpetrator" means a person who, as a result of
12investigation, has been determined by the Department to have
13caused child abuse or neglect.
14    "Member of the clergy" means a clergyperson clergyman or
15practitioner of any religious denomination accredited by the
16religious body to which the clergyperson or practitioner he or
17she belongs.
18(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
19102-813, eff. 5-13-22.)
 
20    (325 ILCS 5/4)
21    Sec. 4. Persons required to report; privileged
22communications; transmitting false report.
23    (a) The following persons are required to immediately
24report to the Department when they have reasonable cause to
25believe that a child known to them in their professional or

 

 

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1official capacities may be an abused child or a neglected
2child:
3        (1) Medical personnel, including any: physician
4    licensed to practice medicine in any of its branches
5    (medical doctor or doctor of osteopathy); resident;
6    intern; medical administrator or personnel engaged in the
7    examination, care, and treatment of persons; psychiatrist;
8    surgeon; dentist; dental hygienist; chiropractic
9    physician; podiatric physician; physician assistant;
10    emergency medical technician; physical therapist; physical
11    therapy assistant; occupational therapist; occupational
12    therapy assistant; acupuncturist; registered nurse;
13    licensed practical nurse; advanced practice registered
14    nurse; genetic counselor; respiratory care practitioner;
15    home health aide; or certified nursing assistant.
16        (2) Social services and mental health personnel,
17    including any: licensed professional counselor; licensed
18    clinical professional counselor; licensed social worker;
19    licensed clinical social worker; licensed psychologist or
20    assistant working under the direct supervision of a
21    psychologist; associate licensed marriage and family
22    therapist; licensed marriage and family therapist; field
23    personnel of the Departments of Healthcare and Family
24    Services, Public Health, Human Services, Human Rights, or
25    Children and Family Services; supervisor or administrator
26    of the General Assistance program established under

 

 

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1    Article VI of the Illinois Public Aid Code; social
2    services administrator; or substance abuse treatment
3    personnel.
4        (3) Crisis intervention personnel, including any:
5    crisis line or hotline personnel; or domestic violence
6    program personnel.
7        (4) Education personnel, including any: school
8    personnel (including administrators and certified and
9    non-certified school employees); personnel of institutions
10    of higher education; educational advocate assigned to a
11    child in accordance with the School Code; member of a
12    school board or the Chicago Board of Education or the
13    governing body of a private school (but only to the extent
14    required under subsection (d)); or truant officer.
15        (5) Recreation or athletic program or facility
16    personnel; or an athletic trainer.
17        (6) Child care personnel, including any: early
18    intervention provider as defined in the Early Intervention
19    Services System Act; director or staff assistant of a
20    nursery school or a child day care center; or foster
21    parent, homemaker, or child care worker.
22        (7) Law enforcement personnel, including any: law
23    enforcement officer; field personnel of the Department of
24    Juvenile Justice; field personnel of the Department of
25    Corrections; probation officer; or animal control officer
26    or field investigator of the Department of Agriculture's

 

 

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1    Bureau of Animal Health and Welfare.
2        (8) Any funeral home director; funeral home director
3    and embalmer; funeral home employee; coroner; or medical
4    examiner.
5        (9) Any member of the clergy.
6        (10) Any physician, physician assistant, registered
7    nurse, licensed practical nurse, medical technician,
8    certified nursing assistant, licensed social worker,
9    licensed clinical social worker, or licensed professional
10    counselor of any office, clinic, licensed behavior
11    analyst, licensed assistant behavior analyst, or any other
12    physical location that provides abortions, abortion
13    referrals, or contraceptives.
14    (b) When 2 or more persons who work within the same
15workplace and are required to report under this Act share a
16reasonable cause to believe that a child may be an abused or
17neglected child, one of those reporters may be designated to
18make a single report. The report shall include the names and
19contact information for the other mandated reporters sharing
20the reasonable cause to believe that a child may be an abused
21or neglected child. The designated reporter must provide
22written confirmation of the report to those mandated reporters
23within 48 hours. If confirmation is not provided, those
24mandated reporters are individually responsible for
25immediately ensuring a report is made. Nothing in this Section
26precludes or may be used to preclude any person from reporting

 

 

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1child abuse or child neglect.
2    (c)(1) As used in this Section, "a child known to them in
3their professional or official capacities" means:
4        (A) the mandated reporter comes into contact with the
5    child in the course of the reporter's employment or
6    practice of a profession, or through a regularly scheduled
7    program, activity, or service;
8        (B) the mandated reporter is affiliated with an
9    agency, institution, organization, school, school
10    district, regularly established church or religious
11    organization, or other entity that is directly responsible
12    for the care, supervision, guidance, or training of the
13    child; or
14        (C) a person makes a specific disclosure to the
15    mandated reporter that an identifiable child is the victim
16    of child abuse or child neglect, and the disclosure
17    happens while the mandated reporter is engaged in the
18    reporter's his or her employment or practice of a
19    profession, or in a regularly scheduled program, activity,
20    or service.
21    (2) Nothing in this Section requires a child to come
22before the mandated reporter in order for the reporter to make
23a report of suspected child abuse or child neglect.
24    (d) If an allegation is raised to a school board member
25during the course of an open or closed school board meeting
26that a child who is enrolled in the school district of which

 

 

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1the person he or she is a board member is an abused child as
2defined in Section 3 of this Act, the member shall direct or
3cause the school board to direct the superintendent of the
4school district or other equivalent school administrator to
5comply with the requirements of this Act concerning the
6reporting of child abuse. For purposes of this paragraph, a
7school board member is granted the authority in that board
8member's his or her individual capacity to direct the
9superintendent of the school district or other equivalent
10school administrator to comply with the requirements of this
11Act concerning the reporting of child abuse.
12    Notwithstanding any other provision of this Act, if an
13employee of a school district has made a report or caused a
14report to be made to the Department under this Act involving
15the conduct of a current or former employee of the school
16district and a request is made by another school district for
17the provision of information concerning the job performance or
18qualifications of the current or former employee because the
19current or former employee he or she is an applicant for
20employment with the requesting school district, the general
21superintendent of the school district to which the request is
22being made must disclose to the requesting school district the
23fact that an employee of the school district has made a report
24involving the conduct of the applicant or caused a report to be
25made to the Department, as required under this Act. Only the
26fact that an employee of the school district has made a report

 

 

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1involving the conduct of the applicant or caused a report to be
2made to the Department may be disclosed by the general
3superintendent of the school district to which the request for
4information concerning the applicant is made, and this fact
5may be disclosed only in cases where the employee and the
6general superintendent have not been informed by the
7Department that the allegations were unfounded. An employee of
8a school district who is or has been the subject of a report
9made pursuant to this Act during the employee's his or her
10employment with the school district must be informed by that
11school district that if the employee he or she applies for
12employment with another school district, the general
13superintendent of the former school district, upon the request
14of the school district to which the employee applies, shall
15notify that requesting school district that the employee is or
16was the subject of such a report.
17    (e) Whenever such person is required to report under this
18Act in the person's his capacity as a member of the staff of a
19medical or other public or private institution, school,
20facility or agency, or as a member of the clergy, the person he
21shall make report immediately to the Department in accordance
22with the provisions of this Act and may also notify the person
23in charge of such institution, school, facility or agency, or
24church, synagogue, temple, mosque, or other religious
25institution, or his designated agent of the person in charge
26that such report has been made. Under no circumstances shall

 

 

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1any person in charge of such institution, school, facility or
2agency, or church, synagogue, temple, mosque, or other
3religious institution, or his designated agent of the person
4in charge to whom such notification has been made, exercise
5any control, restraint, modification or other change in the
6report or the forwarding of such report to the Department.
7    (f) In addition to the persons required to report
8suspected cases of child abuse or child neglect under this
9Section, any other person may make a report if such person has
10reasonable cause to believe a child may be an abused child or a
11neglected child.
12    (g) The privileged quality of communication between any
13professional person required to report and the professional
14person's his patient or client shall not apply to situations
15involving abused or neglected children and shall not
16constitute grounds for failure to report as required by this
17Act or constitute grounds for failure to share information or
18documents with the Department during the course of a child
19abuse or neglect investigation. If requested by the
20professional, the Department shall confirm in writing that the
21information or documents disclosed by the professional were
22gathered in the course of a child abuse or neglect
23investigation.
24    The reporting requirements of this Act shall not apply to
25the contents of a privileged communication between an attorney
26and the attorney's his or her client or to confidential

 

 

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1information within the meaning of Rule 1.6 of the Illinois
2Rules of Professional Conduct relating to the legal
3representation of an individual client.
4    A member of the clergy may claim the privilege under
5Section 8-803 of the Code of Civil Procedure.
6    (h) Any office, clinic, or any other physical location
7that provides abortions, abortion referrals, or contraceptives
8shall provide to all office personnel copies of written
9information and training materials about abuse and neglect and
10the requirements of this Act that are provided to employees of
11the office, clinic, or physical location who are required to
12make reports to the Department under this Act, and instruct
13such office personnel to bring to the attention of an employee
14of the office, clinic, or physical location who is required to
15make reports to the Department under this Act any reasonable
16suspicion that a child known to office personnel him or her in
17their his or her professional or official capacity may be an
18abused child or a neglected child.
19    (i) Any person who enters into employment on and after
20July 1, 1986 and is mandated by virtue of that employment to
21report under this Act, shall sign a statement on a form
22prescribed by the Department, to the effect that the employee
23has knowledge and understanding of the reporting requirements
24of this Act. On and after January 1, 2019, the statement shall
25also include information about available mandated reporter
26training provided by the Department. The statement shall be

 

 

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1signed prior to commencement of the employment. The signed
2statement shall be retained by the employer. The cost of
3printing, distribution, and filing of the statement shall be
4borne by the employer.
5    (j) Persons required to report child abuse or child
6neglect as provided under this Section must complete an
7initial mandated reporter training, including a section on
8implicit bias, within 3 months of their date of engagement in a
9professional or official capacity as a mandated reporter, or
10within the time frame of any other applicable State law that
11governs training requirements for a specific profession, and
12at least every 3 years thereafter. The initial requirement
13only applies to the first time they engage in their
14professional or official capacity. In lieu of training every 3
15years, medical personnel, as listed in paragraph (1) of
16subsection (a), must meet the requirements described in
17subsection (k).
18    The mandated reporter trainings shall be in-person or
19web-based, and shall include, at a minimum, information on the
20following topics: (i) indicators for recognizing child abuse
21and child neglect, as defined under this Act; (ii) the process
22for reporting suspected child abuse and child neglect in
23Illinois as required by this Act and the required
24documentation; (iii) responding to a child in a
25trauma-informed manner; and (iv) understanding the response of
26child protective services and the role of the reporter after a

 

 

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1call has been made. Child-serving organizations are encouraged
2to provide in-person annual trainings.
3    The implicit bias section shall be in-person or web-based,
4and shall include, at a minimum, information on the following
5topics: (i) implicit bias and (ii) racial and ethnic
6sensitivity. As used in this subsection, "implicit bias" means
7the attitudes or internalized stereotypes that affect people's
8perceptions, actions, and decisions in an unconscious manner
9and that exist and often contribute to unequal treatment of
10people based on race, ethnicity, gender identity, sexual
11orientation, age, disability, and other characteristics. The
12implicit bias section shall provide tools to adjust automatic
13patterns of thinking and ultimately eliminate discriminatory
14behaviors. During these trainings mandated reporters shall
15complete the following: (1) a pretest to assess baseline
16implicit bias levels; (2) an implicit bias training task; and
17(3) a posttest to reevaluate bias levels after training. The
18implicit bias curriculum for mandated reporters shall be
19developed within one year after January 1, 2022 (the effective
20date of Public Act 102-604) this amendatory Act of the 102nd
21General Assembly and shall be created in consultation with
22organizations demonstrating expertise and or experience in the
23areas of implicit bias, youth and adolescent developmental
24issues, prevention of child abuse, exploitation, and neglect,
25culturally diverse family systems, and the child welfare
26system.

 

 

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1    The mandated reporter training, including a section on
2implicit bias, shall be provided through the Department,
3through an entity authorized to provide continuing education
4for professionals licensed through the Department of Financial
5and Professional Regulation, the State Board of Education, the
6Illinois Law Enforcement Training Standards Board, or the
7Illinois Department of State Police, or through an
8organization approved by the Department to provide mandated
9reporter training, including a section on implicit bias. The
10Department must make available a free web-based training for
11reporters.
12    Each mandated reporter shall report to the mandated
13reporter's his or her employer and, when applicable, to the
14mandated reporter's his or her licensing or certification
15board that the mandated reporter he or she received the
16mandated reporter training. The mandated reporter shall
17maintain records of completion.
18    Beginning January 1, 2021, if a mandated reporter receives
19licensure from the Department of Financial and Professional
20Regulation or the State Board of Education, and the mandated
21reporter's his or her profession has continuing education
22requirements, the training mandated under this Section shall
23count toward meeting the licensee's required continuing
24education hours.
25    (k)(1) Medical personnel, as listed in paragraph (1) of
26subsection (a), who work with children in their professional

 

 

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1or official capacity, must complete mandated reporter training
2at least every 6 years. Such medical personnel, if licensed,
3must attest at each time of licensure renewal on their renewal
4form that they understand they are a mandated reporter of
5child abuse and neglect, that they are aware of the process for
6making a report, that they know how to respond to a child in a
7trauma-informed manner, and that they are aware of the role of
8child protective services and the role of a reporter after a
9call has been made.
10    (2) In lieu of repeated training, medical personnel, as
11listed in paragraph (1) of subsection (a), who do not work with
12children in their professional or official capacity, may
13instead attest each time at licensure renewal on their renewal
14form that they understand they are a mandated reporter of
15child abuse and neglect, that they are aware of the process for
16making a report, that they know how to respond to a child in a
17trauma-informed manner, and that they are aware of the role of
18child protective services and the role of a reporter after a
19call has been made. Nothing in this paragraph precludes
20medical personnel from completing mandated reporter training
21and receiving continuing education credits for that training.
22    (l) The Department shall provide copies of this Act, upon
23request, to all employers employing persons who shall be
24required under the provisions of this Section to report under
25this Act.
26    (m) Any person who knowingly transmits a false report to

 

 

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1the Department commits the offense of disorderly conduct under
2subsection (a)(7) of Section 26-1 of the Criminal Code of
32012. A violation of this provision is a Class 4 felony.
4    Any person who knowingly and willfully violates any
5provision of this Section other than a second or subsequent
6violation of transmitting a false report as described in the
7preceding paragraph, is guilty of a Class A misdemeanor for a
8first violation and a Class 4 felony for a second or subsequent
9violation; except that if the person acted as part of a plan or
10scheme having as its object the prevention of discovery of an
11abused or neglected child by lawful authorities for the
12purpose of protecting or insulating any person or entity from
13arrest or prosecution, the person is guilty of a Class 4 felony
14for a first offense and a Class 3 felony for a second or
15subsequent offense (regardless of whether the second or
16subsequent offense involves any of the same facts or persons
17as the first or other prior offense).
18    (n) A child whose parent, guardian or custodian in good
19faith selects and depends upon spiritual means through prayer
20alone for the treatment or cure of disease or remedial care may
21be considered neglected or abused, but not for the sole reason
22that the child's his parent, guardian or custodian accepts and
23practices such beliefs.
24    (o) A child shall not be considered neglected or abused
25solely because the child is not attending school in accordance
26with the requirements of Article 26 of the School Code, as

 

 

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1amended.
2    (p) Nothing in this Act prohibits a mandated reporter who
3reasonably believes that an animal is being abused or
4neglected in violation of the Humane Care for Animals Act from
5reporting animal abuse or neglect to the Department of
6Agriculture's Bureau of Animal Health and Welfare.
7    (q) A home rule unit may not regulate the reporting of
8child abuse or neglect in a manner inconsistent with the
9provisions of this Section. This Section is a limitation under
10subsection (i) of Section 6 of Article VII of the Illinois
11Constitution on the concurrent exercise by home rule units of
12powers and functions exercised by the State.
13    (r) For purposes of this Section "child abuse or neglect"
14includes abuse or neglect of an adult resident as defined in
15this Act.
16(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22;
17102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised
1812-14-22.)
 
19    (325 ILCS 5/4.1)  (from Ch. 23, par. 2054.1)
20    Sec. 4.1. Any person required to report under this Act who
21has reasonable cause to suspect that a child has died as a
22result of abuse or neglect shall also immediately report the
23person's his suspicion to the appropriate medical examiner or
24coroner. Any other person who has reasonable cause to believe
25that a child has died as a result of abuse or neglect may

 

 

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1report the person's his suspicion to the appropriate medical
2examiner or coroner. The medical examiner or coroner shall
3investigate the report and communicate the medical examiner's
4or coroner's his apparent gross findings, orally, immediately
5upon completion of the gross autopsy, but in all cases within
672 hours and within 21 days in writing, to the local law
7enforcement agency, the appropriate State's attorney, the
8Department and, if the institution making the report is a
9hospital, the hospital. The child protective investigator
10assigned to the death investigation shall have the right to
11require a copy of the completed autopsy report from the
12coroner or medical examiner.
13(Source: P.A. 85-193.)
 
14    (325 ILCS 5/4.2)
15    Sec. 4.2. Departmental report on death or serious
16life-threatening injury of child.
17    (a) In the case of the death or serious life-threatening
18injury of a child whose care and custody or custody and
19guardianship has been transferred to the Department, or in the
20case of a child abuse or neglect report made to the central
21register involving the death of a child, the Department shall
22(i) investigate or provide for an investigation of the cause
23of and circumstances surrounding the death or serious
24life-threatening injury, (ii) review the investigation, and
25(iii) prepare and issue a report on the death or serious

 

 

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1life-threatening injury.
2    (b) The report shall include (i) the cause of death or
3serious life-threatening injury, whether from natural or other
4causes, (ii) any extraordinary or pertinent information
5concerning the circumstances of the child's death or serious
6life-threatening injury, (iii) identification of child
7protective or other social services provided or actions taken
8regarding the child or the child's his or her family at the
9time of the death or serious life-threatening injury or within
10the preceding 5 years, (iv) any action or further
11investigation undertaken by the Department since the death or
12serious life-threatening injury of the child, (v) as
13appropriate, recommendations for State administrative or
14policy changes, (vi) whether the alleged perpetrator of the
15abuse or neglect has been charged with committing a crime
16related to the report and allegation of abuse or neglect, and
17(vii) a copy of any documents, files, records, books, and
18papers created or used in connection with the Department's
19investigation of the death or serious life-threatening injury
20of the child. In any case involving the death or near death of
21a child, when a person responsible for the child has been
22charged with committing a crime that results in the child's
23death or near death, there shall be a presumption that the best
24interest of the public will be served by public disclosure of
25certain information concerning the circumstances of the
26investigations of the death or near death of the child and any

 

 

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1other investigations concerning that child or other children
2living in the same household.
3    If the Department receives from the public a request for
4information relating to a case of child abuse or neglect
5involving the death or serious life-threatening injury of a
6child, the Director shall consult with the State's Attorney in
7the county of venue and release the report related to the case,
8except for the following, which may be redacted from the
9information disclosed to the public: any mental health or
10psychological information that is confidential as otherwise
11provided in State law; privileged communications of an
12attorney; the identity of the individual or individuals, if
13known, who made the report; information that may cause mental
14or physical harm to a sibling or another child living in the
15household; information that may undermine an ongoing criminal
16investigation; and any information prohibited from disclosure
17by federal law or regulation. Any information provided by an
18adult subject of a report that is released about the case in a
19public forum shall be subject to disclosure upon a public
20information request. Information about the case shall also be
21subject to disclosure upon consent of an adult subject.
22Information about the case shall also be subject to disclosure
23if it has been publicly disclosed in a report by a law
24enforcement agency or official, a State's Attorney, a judge,
25or any other State or local investigative agency or official.
26Except as it may apply directly to the cause of the death or

 

 

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1serious life-threatening injury of the child, nothing in this
2Section shall be deemed to authorize the release or disclosure
3to the public of the substance or content of any
4psychological, psychiatric, therapeutic, clinical, or medical
5reports, evaluation, or like materials or information
6pertaining to the child or the child's family.
7    (c) No later than 6 months after the date of the death or
8serious life-threatening injury of the child, the Department
9shall notify the President of the Senate, the Minority Leader
10of the Senate, the Speaker of the House of Representatives,
11the Minority Leader of the House of Representatives, and the
12members of the Senate and the House of Representatives in
13whose district the child's death or serious life-threatening
14injury occurred upon the completion of each report and shall
15submit an annual cumulative report to the Governor and the
16General Assembly incorporating cumulative data about the above
17reports and including appropriate findings and
18recommendations. The reports required by this subsection (c)
19shall be made available to the public after completion or
20submittal.
21    (d) To enable the Department to prepare the report, the
22Department may request and shall timely receive from
23departments, boards, bureaus, or other agencies of the State,
24or any of its political subdivisions, or any duly authorized
25agency, or any other agency which provided assistance, care,
26or services to the deceased or injured child any information

 

 

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1they are authorized to provide.
2(Source: P.A. 97-1068, eff. 1-1-13.)
 
3    (325 ILCS 5/4.4)
4    Sec. 4.4. DCFS duty to report to State's Attorney.
5Whenever the Department receives, by means of its statewide
6toll-free telephone number established under Section 7.6 for
7the purpose of reporting suspected child abuse or neglect or
8by any other means or from any mandated reporter under Section
94, a report of a newborn infant whose blood, urine, or meconium
10contains any amount of a controlled substance as defined in
11subsection (f) of Section 102 of the Illinois Controlled
12Substances Act or a metabolite thereof, with the exception of
13a controlled substance or metabolite thereof whose presence in
14the newborn infant is the result of medical treatment
15administered to the person who gave birth mother or the
16newborn infant, the Department must immediately report that
17information to the State's Attorney of the county in which the
18infant was born.
19(Source: P.A. 95-361, eff. 8-23-07.)
 
20    (325 ILCS 5/4.5)
21    Sec. 4.5. Electronic and information technology workers;
22reporting child pornography.
23    (a) In this Section:
24    "Child pornography" means child pornography as described

 

 

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1in Section 11-20.1 of the Criminal Code of 2012.
2    "Electronic and information technology equipment" means
3equipment used in the creation, manipulation, storage,
4display, or transmission of data, including internet and
5intranet systems, software applications, operating systems,
6video and multimedia, telecommunications products, kiosks,
7information transaction machines, copiers, printers, and
8desktop and portable computers.
9    "Electronic and information technology equipment worker"
10means a person who in the scope and course of the person's his
11or her employment or business installs, repairs, or otherwise
12services electronic and information technology equipment for a
13fee but does not include (i) an employee, independent
14contractor, or other agent of a telecommunications carrier or
15telephone or telecommunications cooperative, as those terms
16are defined in the Public Utilities Act, or (ii) an employee,
17independent contractor, or other agent of a provider of
18commercial mobile radio service, as defined in 47 C.F.R. 20.3.
19    (b) If an electronic and information technology equipment
20worker discovers any depiction of child pornography while
21installing, repairing, or otherwise servicing an item of
22electronic and information technology equipment, that worker
23or the worker's employer shall immediately report the
24discovery to the local law enforcement agency or to the Cyber
25Tipline at the National Center for Missing and & Exploited
26Children.

 

 

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1    (c) If a report is filed in accordance with the
2requirements of 42 U.S.C. 13032, the requirements of this
3Section 4.5 will be deemed to have been met.
4    (d) An electronic and information technology equipment
5worker or electronic and information technology equipment
6worker's employer who reports a discovery of child pornography
7as required under this Section is immune from any criminal,
8civil, or administrative liability in connection with making
9the report, except for willful or wanton misconduct.
10    (e) Failure to report a discovery of child pornography as
11required under this Section is a business offense subject to a
12fine of $1,001.
13(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
14    (32