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1 | | AN ACT concerning children.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Children and Family Services Act is amended |
5 | | by changing Sections 4b, 5, 5c, 5d, 7, 7.3, 7.3a, 7.4, 7.5, |
6 | | 7.8, 8, 8a, 8b, 9.3, 9.5, 17, 21, 35.5, 35.6, and 35.9 and by |
7 | | changing Section 5.26 (as added by Public Act 102-763) as |
8 | | follows:
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9 | | (20 ILCS 505/4b)
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10 | | Sec. 4b. Youth transitional housing programs. |
11 | | (a) The Department may license
youth transitional housing |
12 | | programs. For the purposes of this Section, "youth |
13 | | transitional housing program" means a program that provides |
14 | | shelter
or housing and services to eligible homeless minors. |
15 | | Services provided by the youth transitional housing program |
16 | | may include a service assessment, individualized case |
17 | | management, and life skills training. The Department shall |
18 | | adopt rules governing the licensure of those
programs.
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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 |
5 | | dismissed from a youth transitional housing program prior to |
6 | | reaching the age of majority, the youth transitional housing |
7 | | program agency shall contact the comprehensive community based |
8 | | youth services agency that provided crisis intervention |
9 | | services to the eligible homeless minor under subdivision |
10 | | (b)(7)(A) of this Section to assist in finding an alternative |
11 | | placement for the minor. If the eligible homeless minor leaves |
12 | | the program before beginning services with the comprehensive |
13 | | community based youth service provider, then the youth |
14 | | transitional housing program shall notify the local law |
15 | | enforcement authorities and make reasonable efforts to notify |
16 | | the minor's parent or guardian that the minor has left the |
17 | | program. |
18 | | (e) Nothing in this Section shall be construed to require |
19 | | an eligible homeless minor to acquire the consent of a parent, |
20 | | guardian, or custodian to consent to a youth transitional |
21 | | housing program. An eligible homeless minor is deemed to have |
22 | | the legal capacity to consent to receiving housing and |
23 | | services from a licensed youth transitional housing program. |
24 | | (f) The purpose of this Section is to provide a means by |
25 | | which an eligible homeless minor may have the authority to |
26 | | consent, independent of the homeless minor's his or her |
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1 | | parents or guardian, to receive housing and services as |
2 | | described in subsection (a) of this Section provided by a |
3 | | licensed youth transitional housing program that has the |
4 | | ability to serve the homeless minor. This Section is not |
5 | | intended to interfere with the integrity of the family or the |
6 | | rights of parents and their children. This Section does not |
7 | | limit or exclude any means by which a minor may become |
8 | | emancipated. |
9 | | (Source: P.A. 100-162, eff. 1-1-18 .)
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10 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
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11 | | Sec. 5. Direct child welfare services; Department of |
12 | | Children and Family
Services. To provide direct child welfare |
13 | | services when not available
through other public or private |
14 | | child care or program facilities.
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15 | | (a) For purposes of this Section:
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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:
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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
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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
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3 | | disability, social adjustment or any combination |
4 | | thereof, or because of the
need to complete an |
5 | | educational or vocational training program.
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6 | | (2) "Homeless youth" means persons found within the
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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.
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10 | | (3) "Child welfare services" means public social |
11 | | services which are
directed toward the accomplishment of |
12 | | the following purposes:
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13 | | (A) protecting and promoting the health, safety |
14 | | and welfare of
children,
including homeless, |
15 | | dependent, or neglected children;
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16 | | (B) remedying, or assisting in the solution
of |
17 | | problems which may result in, the neglect, abuse, |
18 | | exploitation, or
delinquency of children;
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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
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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;
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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
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4 | | safety;
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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;
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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
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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;
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18 | | (G) (blank);
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19 | | (H) (blank); and
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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:
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3 | | (i) who are in a foster home, or
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4 | | (ii) who are persons with a developmental |
5 | | disability, as defined in
the Mental
Health and |
6 | | Developmental Disabilities Code, or
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7 | | (iii) who are female children who are |
8 | | pregnant, pregnant and
parenting, or parenting, or
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9 | | (iv) who are siblings, in facilities that |
10 | | provide separate living quarters for children 18
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11 | | years of age and older and for children under 18 |
12 | | years of age.
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13 | | (b) (Blank).
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14 | | (c) The Department shall establish and maintain |
15 | | tax-supported child
welfare services and extend and seek to |
16 | | improve voluntary services
throughout the State, to the end |
17 | | that services and care shall be available
on an equal basis |
18 | | throughout the State to children requiring such services.
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19 | | (d) The Director may authorize advance disbursements for |
20 | | any new program
initiative to any agency contracting with the |
21 | | Department. As a
prerequisite for an advance disbursement, the |
22 | | contractor must post a
surety bond in the amount of the advance |
23 | | disbursement and have a
purchase of service contract approved |
24 | | by the Department. The Department
may pay up to 2 months |
25 | | operational expenses in advance. The amount of the
advance |
26 | | disbursement shall be prorated over the life of the contract
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1 | | or the remaining months of the fiscal year, whichever is less, |
2 | | and the
installment amount shall then be deducted from future |
3 | | bills. Advance
disbursement authorizations for new initiatives |
4 | | shall not be made to any
agency after that agency has operated |
5 | | during 2 consecutive fiscal years.
The requirements of this |
6 | | Section concerning advance disbursements shall
not apply with |
7 | | respect to the following: payments to local public agencies
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8 | | for child day care services as authorized by Section 5a of this |
9 | | Act; and
youth service programs receiving grant funds under |
10 | | Section 17a-4.
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11 | | (e) (Blank).
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12 | | (f) (Blank).
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13 | | (g) The Department shall establish rules and regulations |
14 | | concerning
its operation of programs designed to meet the |
15 | | goals of child safety and
protection,
family preservation, |
16 | | family reunification, and adoption, including, but not
limited |
17 | | to:
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18 | | (1) adoption;
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19 | | (2) foster care;
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20 | | (3) family counseling;
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21 | | (4) protective services;
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22 | | (5) (blank);
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23 | | (6) homemaker service;
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24 | | (7) return of runaway children;
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25 | | (8) (blank);
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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
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4 | | (10) interstate services.
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5 | | Rules and regulations established by the Department shall |
6 | | include
provisions for training Department staff and the staff |
7 | | of Department
grantees, through contracts with other agencies |
8 | | or resources, in screening techniques to identify substance |
9 | | use disorders, as defined in the Substance Use Disorder Act, |
10 | | approved by the Department of Human
Services, as a successor |
11 | | to the Department of Alcoholism and Substance Abuse,
for the |
12 | | purpose of identifying children and adults who
should be |
13 | | referred for an assessment at an organization appropriately |
14 | | licensed by the Department of Human Services for substance use |
15 | | disorder treatment.
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16 | | (h) If the Department finds that there is no appropriate |
17 | | program or
facility within or available to the Department for |
18 | | a youth in care and that no
licensed private facility has an |
19 | | adequate and appropriate program or none
agrees to accept the |
20 | | youth in care, the Department shall create an appropriate
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21 | | individualized, program-oriented plan for such youth in care. |
22 | | The
plan may be developed within the Department or through |
23 | | purchase of services
by the Department to the extent that it is |
24 | | within its statutory authority
to do.
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25 | | (i) Service programs shall be available throughout the |
26 | | State and shall
include but not be limited to the following |
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1 | | services:
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2 | | (1) case management;
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3 | | (2) homemakers;
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4 | | (3) counseling;
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5 | | (4) parent education;
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6 | | (5) day care; and
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7 | | (6) emergency assistance and advocacy.
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8 | | In addition, the following services may be made available |
9 | | to assess and
meet the needs of children and families:
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10 | | (1) comprehensive family-based services;
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11 | | (2) assessments;
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12 | | (3) respite care; and
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13 | | (4) in-home health services.
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14 | | The Department shall provide transportation for any of the |
15 | | services it
makes available to children or families or for |
16 | | which it refers children
or families.
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17 | | (j) The Department may provide categories of financial |
18 | | assistance and
education assistance grants, and shall
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19 | | establish rules and regulations concerning the assistance and |
20 | | grants, to
persons who
adopt children with physical or mental |
21 | | disabilities, children who are older, or other hard-to-place
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22 | | children who (i) immediately prior to their adoption were |
23 | | youth in care or (ii) were determined eligible for financial |
24 | | assistance with respect to a
prior adoption and who become |
25 | | available for adoption because the
prior adoption has been |
26 | | dissolved and the parental rights of the adoptive
parents have |
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1 | | been
terminated or because the child's adoptive parents have |
2 | | died.
The Department may continue to provide financial |
3 | | assistance and education assistance grants for a child who was |
4 | | determined eligible for financial assistance under this |
5 | | subsection (j) in the interim period beginning when the |
6 | | child's adoptive parents died and ending with the finalization |
7 | | of the new adoption of the child by another adoptive parent or |
8 | | parents. The Department may also provide categories of |
9 | | financial
assistance and education assistance grants, and
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10 | | shall establish rules and regulations for the assistance and |
11 | | grants, to persons
appointed guardian of the person under |
12 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, |
13 | | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children |
14 | | who were youth in care for 12 months immediately
prior to the |
15 | | appointment of the guardian.
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16 | | The amount of assistance may vary, depending upon the |
17 | | needs of the child
and the adoptive parents,
as set forth in |
18 | | the annual
assistance agreement. Special purpose grants are |
19 | | allowed where the child
requires special service but such |
20 | | costs may not exceed the amounts
which similar services would |
21 | | cost the Department if it were to provide or
secure them as |
22 | | guardian of the child.
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23 | | Any financial assistance provided under this subsection is
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24 | | inalienable by assignment, sale, execution, attachment, |
25 | | garnishment, or any
other remedy for recovery or collection of |
26 | | a judgment or debt.
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1 | | (j-5) The Department shall not deny or delay the placement |
2 | | of a child for
adoption
if an approved family is available |
3 | | either outside of the Department region
handling the case,
or |
4 | | outside of the State of Illinois.
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5 | | (k) The Department shall accept for care and training any |
6 | | child who has
been adjudicated neglected or abused, or |
7 | | dependent committed to it pursuant
to the Juvenile Court Act |
8 | | or the Juvenile Court Act of 1987.
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9 | | (l) The Department shall
offer family preservation |
10 | | services, as defined in Section 8.2 of the Abused
and
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11 | | Neglected Child
Reporting Act, to help families, including |
12 | | adoptive and extended families.
Family preservation
services |
13 | | shall be offered (i) to prevent the
placement
of children in
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14 | | substitute care when the children can be cared for at home or |
15 | | in the custody of
the person
responsible for the children's |
16 | | welfare,
(ii) to
reunite children with their families, or |
17 | | (iii) to
maintain an adoptive placement. Family preservation |
18 | | services shall only be
offered when doing so will not endanger |
19 | | the children's health or safety. With
respect to children who |
20 | | are in substitute care pursuant to the Juvenile Court
Act of |
21 | | 1987, family preservation services shall not be offered if a |
22 | | goal other
than those of subdivisions (A), (B), or (B-1) of |
23 | | subsection (2) of Section 2-28
of
that Act has been set, except |
24 | | that reunification services may be offered as provided in |
25 | | paragraph (F) of subsection (2) of Section 2-28 of that Act.
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26 | | Nothing in this paragraph shall be construed to create a |
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1 | | private right of
action or claim on the part of any individual |
2 | | or child welfare agency, except that when a child is the |
3 | | subject of an action under Article II of the Juvenile Court Act |
4 | | of 1987 and the child's service plan calls for services to |
5 | | facilitate achievement of the permanency goal, the court |
6 | | hearing the action under Article II of the Juvenile Court Act |
7 | | of 1987 may order the Department to provide the services set |
8 | | out in the plan, if those services are not provided with |
9 | | reasonable promptness and if those services are available.
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10 | | The Department shall notify the child and the child's his |
11 | | family of the
Department's
responsibility to offer and provide |
12 | | family preservation services as
identified in the service |
13 | | plan. The child and the child's his family shall be eligible
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14 | | for services as soon as the report is determined to be |
15 | | "indicated". The
Department may offer services to any child or |
16 | | family with respect to whom a
report of suspected child abuse |
17 | | or neglect has been filed, prior to
concluding its |
18 | | investigation under Section 7.12 of the Abused and Neglected
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19 | | Child Reporting Act. However, the child's or family's |
20 | | willingness to
accept services shall not be considered in the |
21 | | investigation. The
Department may also provide services to any |
22 | | child or family who is the
subject of any report of suspected |
23 | | child abuse or neglect or may refer such
child or family to |
24 | | services available from other agencies in the community,
even |
25 | | if the report is determined to be unfounded, if the conditions |
26 | | in the
child's or family's home are reasonably likely to |
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1 | | subject the child or
family to future reports of suspected |
2 | | child abuse or neglect. Acceptance
of such services shall be |
3 | | voluntary. The Department may also provide services to any |
4 | | child or family after completion of a family assessment, as an |
5 | | alternative 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 |
8 | | Reporting Act.
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9 | | The Department may, at its discretion except for those |
10 | | children also
adjudicated neglected or dependent, accept for |
11 | | care and training any child
who has been adjudicated addicted, |
12 | | as a truant minor in need of
supervision or as a minor |
13 | | requiring authoritative intervention, under the
Juvenile Court |
14 | | Act or the Juvenile Court Act of 1987, but no such child
shall |
15 | | be committed to the Department by any court without the |
16 | | approval of
the Department. On and after January 1, 2015 (the |
17 | | effective date of Public Act 98-803) and before January 1, |
18 | | 2017, a minor charged with a criminal offense under the |
19 | | Criminal
Code of 1961 or the Criminal Code of 2012 or |
20 | | adjudicated delinquent shall not be placed in the custody of |
21 | | or
committed to the Department by any court, except (i) a minor |
22 | | less than 16 years
of age committed to the Department under |
23 | | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor |
24 | | for whom an independent basis of abuse, neglect, or dependency |
25 | | exists, which must be defined by departmental rule, or (iii) a |
26 | | minor for whom the court has granted a supplemental petition |
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1 | | to reinstate wardship pursuant to subsection (2) of Section |
2 | | 2-33 of the Juvenile Court Act of 1987. On and after January 1, |
3 | | 2017, a minor charged with a criminal offense under the |
4 | | Criminal
Code of 1961 or the Criminal Code of 2012 or |
5 | | adjudicated delinquent shall not be placed in the custody of |
6 | | or
committed to the Department by any court, except (i) a minor |
7 | | less than 15 years
of age committed to the Department under |
8 | | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor |
9 | | for whom an independent basis of abuse, neglect, or dependency |
10 | | exists, which must be defined by departmental rule, or (iii) a |
11 | | minor for whom the court has granted a supplemental petition |
12 | | to reinstate wardship pursuant to subsection (2) of Section |
13 | | 2-33 of the Juvenile Court Act of 1987. An independent basis |
14 | | exists when the allegations or adjudication of abuse, neglect, |
15 | | or dependency do not arise from the same facts, incident, or |
16 | | circumstances which give rise to a charge or adjudication of |
17 | | delinquency. The Department shall
assign a caseworker to |
18 | | attend any hearing involving a youth in
the care and custody of |
19 | | the Department who is placed on aftercare release, including |
20 | | hearings
involving sanctions for violation of aftercare |
21 | | release
conditions and aftercare release revocation hearings.
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22 | | As soon as is possible after August 7, 2009 (the effective |
23 | | date of Public Act 96-134), the Department shall develop and |
24 | | implement a special program of family preservation services to |
25 | | support intact, foster, and adoptive families who are |
26 | | experiencing extreme hardships due to the difficulty and |
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1 | | stress of caring for a child who has been diagnosed with a |
2 | | pervasive developmental disorder if the Department determines |
3 | | that those services are necessary to ensure the health and |
4 | | safety of the child. The Department may offer services to any |
5 | | family whether or not a report has been filed under the Abused |
6 | | and Neglected Child Reporting Act. The Department may refer |
7 | | the child or family to services available from other agencies |
8 | | in the community if the conditions in the child's or family's |
9 | | home are reasonably likely to subject the child or family to |
10 | | future reports of suspected child abuse or neglect. Acceptance |
11 | | of these services shall be voluntary. The Department shall |
12 | | develop and implement a public information campaign to alert |
13 | | health and social service providers and the general public |
14 | | about these special family preservation services. The nature |
15 | | and scope of the services offered and the number of families |
16 | | served under the special program implemented under this |
17 | | paragraph shall be determined by the level of funding that the |
18 | | Department annually allocates for this purpose. The term |
19 | | "pervasive developmental disorder" under this paragraph means |
20 | | a neurological condition, including, but not limited to, |
21 | | Asperger's Syndrome and autism, as defined in the most recent |
22 | | edition of the Diagnostic and Statistical Manual of Mental |
23 | | Disorders of the American Psychiatric Association. |
24 | | (l-1) The General Assembly legislature recognizes that the |
25 | | best interests of the child
require that
the child be placed in |
26 | | the most permanent living arrangement as soon as is
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1 | | practically
possible. To achieve this goal, the General |
2 | | Assembly legislature directs the Department of
Children and
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3 | | Family Services to conduct concurrent planning so that |
4 | | permanency may occur at
the
earliest opportunity. Permanent |
5 | | living arrangements may include prevention of
placement of a |
6 | | child outside the home of the family when the child can be |
7 | | cared
for at
home without endangering the child's health or |
8 | | safety; reunification with the
family,
when safe and |
9 | | appropriate, if temporary placement is necessary; or movement |
10 | | of
the child
toward the most permanent living arrangement and |
11 | | permanent legal status.
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12 | | When determining reasonable efforts to be made with |
13 | | respect to a child, as
described in this
subsection, and in |
14 | | making such reasonable efforts, the child's health and
safety |
15 | | shall be the
paramount concern.
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16 | | When a child is placed in foster care, the Department |
17 | | shall ensure and
document that reasonable efforts were made to |
18 | | prevent or eliminate the need to
remove the child from the |
19 | | child's home. The Department must make
reasonable efforts to |
20 | | reunify the family when temporary placement of the child
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21 | | occurs
unless otherwise required, pursuant to the Juvenile |
22 | | Court Act of 1987.
At any time after the dispositional hearing |
23 | | where the Department believes
that further reunification |
24 | | services would be ineffective, it may request a
finding from |
25 | | the court that reasonable efforts are no longer appropriate. |
26 | | The
Department is not required to provide further |
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1 | | reunification services after such
a
finding.
|
2 | | A decision to place a child in substitute care shall be |
3 | | made with
considerations of the child's health, safety, and |
4 | | best interests. At the
time of placement, consideration should |
5 | | also be given so that if reunification
fails or is delayed, the |
6 | | placement made is the best available placement to
provide |
7 | | permanency for the child.
|
8 | | The Department shall adopt rules addressing concurrent |
9 | | planning for
reunification and permanency. The Department |
10 | | shall consider the following
factors when determining |
11 | | appropriateness 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 |
24 | | child 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.
|
8 | | If the child is found in the child's his or her residence |
9 | | without a parent, guardian,
custodian, or responsible |
10 | | caretaker, the Department may, instead of removing
the child |
11 | | and assuming temporary custody, place an authorized
|
12 | | representative of the Department in that residence until such |
13 | | time as a
parent, guardian, or custodian enters the home and |
14 | | expresses a willingness
and apparent ability to ensure the |
15 | | child's health and safety and resume
permanent
charge of the |
16 | | child, or until a
relative enters the home and is willing and |
17 | | able to ensure the child's health
and
safety and assume charge |
18 | | of the
child until a parent, guardian, or custodian enters the |
19 | | home and expresses
such willingness and ability to ensure the |
20 | | child's safety and resume
permanent charge. After a caretaker |
21 | | has remained in the home for a period not
to exceed 12 hours, |
22 | | the Department must follow those procedures outlined in
|
23 | | Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act
of |
24 | | 1987.
|
25 | | The Department shall have the authority, responsibilities |
26 | | and duties that
a legal custodian of the child would have |
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1 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile |
2 | | Court Act of 1987. Whenever a child is taken
into temporary |
3 | | custody pursuant to an investigation under the Abused and
|
4 | | Neglected Child Reporting Act, or pursuant to a referral and |
5 | | acceptance
under the Juvenile Court Act of 1987 of a minor in |
6 | | limited custody, the
Department, during the period of |
7 | | temporary custody and before the child
is brought before a |
8 | | judicial officer as required by Section 2-9, 3-11,
4-8, or |
9 | | 5-415 of the Juvenile Court Act of 1987, shall have
the |
10 | | authority, responsibilities and duties that a legal custodian |
11 | | of the child
would have under subsection (9) of Section 1-3 of |
12 | | the Juvenile Court Act of
1987.
|
13 | | The Department shall ensure that any child taken into |
14 | | custody
is scheduled for an appointment for a medical |
15 | | examination.
|
16 | | A parent, guardian, or custodian of a child in the |
17 | | temporary custody of the
Department who would have custody of |
18 | | the child if the child he were not in the
temporary custody of |
19 | | the Department may deliver to the Department a signed
request |
20 | | that the Department surrender the temporary custody of the |
21 | | child.
The Department may retain temporary custody of the |
22 | | child for 10 days after
the receipt of the request, during |
23 | | which period the Department may cause to
be filed a petition |
24 | | pursuant to the Juvenile Court Act of 1987. If a
petition is so |
25 | | filed, the Department shall retain temporary custody of the
|
26 | | child until the court orders otherwise. If a petition is not |
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1 | | filed within
the 10-day period, the child shall be surrendered |
2 | | to the custody of the
requesting parent, guardian, or |
3 | | custodian not later than the expiration of
the 10-day period, |
4 | | at which time the authority and duties of the Department
with |
5 | | respect to the temporary custody of the child shall terminate.
|
6 | | (m-1) The Department may place children under 18 years of |
7 | | age in a secure
child care facility licensed by the Department |
8 | | that cares for children who are
in need of secure living |
9 | | arrangements for their health, safety, and well-being
after a |
10 | | determination is made by the facility director and the |
11 | | Director or the
Director's designate prior to admission to the |
12 | | facility subject to Section
2-27.1 of the Juvenile Court Act |
13 | | of 1987. This subsection (m-1) does not apply
to a child who is |
14 | | subject to placement in a correctional facility operated
|
15 | | pursuant to Section 3-15-2 of the Unified Code of Corrections, |
16 | | unless the
child is a youth in care who was placed in the care |
17 | | of the Department before being
subject to placement in a |
18 | | correctional facility and a court of competent
jurisdiction |
19 | | has ordered placement of the child in a secure care facility.
|
20 | | (n) The Department may place children under 18 years of |
21 | | age in
licensed child care facilities when in the opinion of |
22 | | the Department,
appropriate services aimed at family |
23 | | preservation have been unsuccessful and
cannot ensure the |
24 | | child's health and safety or are unavailable and such
|
25 | | placement would be for their best interest. Payment
for board, |
26 | | clothing, care, training and supervision of any child placed |
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1 | | in
a licensed child care facility may be made by the |
2 | | Department, by the
parents or guardians of the estates of |
3 | | those children, or by both the
Department and the parents or |
4 | | guardians, except that no payments shall be
made by the |
5 | | Department for any child placed in a licensed child care
|
6 | | facility for board, clothing, care, training and supervision |
7 | | of such a
child that exceed the average per capita cost of |
8 | | maintaining and of caring
for a child in institutions for |
9 | | dependent or neglected children operated by
the Department. |
10 | | However, such restriction on payments does not apply in
cases |
11 | | where children require specialized care and treatment for |
12 | | problems of
severe emotional disturbance, physical disability, |
13 | | social adjustment, or
any combination thereof and suitable |
14 | | facilities for the placement of such
children are not |
15 | | available at payment rates within the limitations set
forth in |
16 | | this Section. All reimbursements for services delivered shall |
17 | | be
absolutely inalienable by assignment, sale, attachment, or |
18 | | garnishment or
otherwise.
|
19 | | (n-1) The Department shall provide or authorize child |
20 | | welfare services, aimed at assisting minors to achieve |
21 | | sustainable self-sufficiency as independent adults, for any |
22 | | minor eligible for the reinstatement of wardship pursuant to |
23 | | subsection (2) of Section 2-33 of the Juvenile Court Act of |
24 | | 1987, whether or not such reinstatement is sought or allowed, |
25 | | provided that the minor consents to such services and has not |
26 | | yet attained the age of 21. The Department shall have |
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1 | | responsibility for the development and delivery of services |
2 | | under this Section. An eligible youth may access services |
3 | | under this Section through the Department of Children and |
4 | | Family Services or by referral from the Department of Human |
5 | | Services. Youth participating in services under this Section |
6 | | shall cooperate with the assigned case manager in developing |
7 | | an agreement identifying the services to be provided and how |
8 | | the youth will increase skills to achieve self-sufficiency. A |
9 | | homeless shelter is not considered appropriate housing for any |
10 | | youth receiving child welfare services under this Section. The |
11 | | Department shall continue child welfare services under this |
12 | | Section to any eligible minor until the minor becomes 21 years |
13 | | of age, no longer consents to participate, or achieves |
14 | | self-sufficiency as identified in the minor's service plan. |
15 | | The Department of Children and Family Services shall create |
16 | | clear, readable notice of the rights of former foster youth to |
17 | | child welfare services under this Section and how such |
18 | | services may be obtained. The Department of Children and |
19 | | Family Services and the Department of Human Services shall |
20 | | disseminate this information statewide. The Department shall |
21 | | adopt regulations describing services intended to assist |
22 | | minors in achieving sustainable self-sufficiency as |
23 | | independent adults. |
24 | | (o) The Department shall establish an administrative |
25 | | review and appeal
process for children and families who |
26 | | request or receive child welfare
services from the Department. |
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1 | | Youth in care who are placed by private child welfare |
2 | | agencies, and foster families with whom
those youth are |
3 | | placed, shall be afforded the same procedural and appeal
|
4 | | rights as children and families in the case of placement by the |
5 | | Department,
including the right to an initial review of a |
6 | | private agency decision by
that agency. The Department shall |
7 | | ensure that any private child welfare
agency, which accepts |
8 | | youth in care for placement, affords those
rights to children |
9 | | and foster families. The Department shall accept for
|
10 | | administrative review and an appeal hearing a complaint made |
11 | | by (i) a child
or foster family concerning a decision |
12 | | following an initial review by a
private child welfare agency |
13 | | or (ii) a prospective adoptive parent who alleges
a violation |
14 | | of subsection (j-5) of this Section. An appeal of a decision
|
15 | | concerning a change in the placement of a child shall be |
16 | | conducted in an
expedited manner. A court determination that a |
17 | | current foster home placement is necessary and appropriate |
18 | | under Section 2-28 of the Juvenile Court Act of 1987 does not |
19 | | constitute a judicial determination on the merits of an |
20 | | administrative appeal, filed by a former foster parent, |
21 | | involving a change of placement decision.
|
22 | | (p) (Blank).
|
23 | | (q) The Department may receive and use, in their entirety, |
24 | | for the
benefit of children any gift, donation, or bequest of |
25 | | money or other
property which is received on behalf of such |
26 | | children, or any financial
benefits to which such children are |
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1 | | or may become entitled while under
the jurisdiction or care of |
2 | | the Department, except that the benefits described in Section |
3 | | 5.46 must be used and conserved consistent with the provisions |
4 | | under Section 5.46.
|
5 | | The Department shall set up and administer no-cost, |
6 | | interest-bearing accounts in appropriate financial |
7 | | institutions
for children for whom the Department is legally |
8 | | responsible and who have been
determined eligible for |
9 | | Veterans' Benefits, Social Security benefits,
assistance |
10 | | allotments from the armed forces, court ordered payments, |
11 | | parental
voluntary payments, Supplemental Security Income, |
12 | | Railroad Retirement
payments, Black Lung benefits, or other |
13 | | miscellaneous payments. Interest
earned by each account shall |
14 | | be credited to the account, unless
disbursed in accordance |
15 | | with this subsection.
|
16 | | In disbursing funds from children's accounts, the |
17 | | Department
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 |
16 | | encouraging all adoption
agencies to voluntarily forward to |
17 | | the Department or its agent names and
addresses of all persons |
18 | | who have applied for and have been approved for
adoption of a |
19 | | hard-to-place child or child with a disability and the names |
20 | | of such
children who have not been placed for adoption. A list |
21 | | of such names and
addresses shall be maintained by the |
22 | | Department or its agent, and coded
lists which maintain the |
23 | | confidentiality of the person seeking to adopt the
child and |
24 | | of the child shall be made available, without charge, to every
|
25 | | adoption agency in the State to assist the agencies in placing |
26 | | such
children for adoption. The Department may delegate to an |
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1 | | agent its duty to
maintain and make available such lists. The |
2 | | Department shall ensure that
such agent maintains the |
3 | | confidentiality of the person seeking to adopt the
child and |
4 | | of the child.
|
5 | | (s) The Department of Children and Family Services may |
6 | | establish and
implement a program to reimburse Department and |
7 | | private child welfare
agency foster parents licensed by the |
8 | | Department of Children and Family
Services for damages |
9 | | sustained by the foster parents as a result of the
malicious or |
10 | | negligent acts of foster children, as well as providing third
|
11 | | party coverage for such foster parents with regard to actions |
12 | | of foster
children to other individuals. Such coverage will be |
13 | | secondary to the
foster parent liability insurance policy, if |
14 | | applicable. The program shall
be funded through appropriations |
15 | | from the General Revenue Fund,
specifically designated for |
16 | | such purposes.
|
17 | | (t) The Department shall perform home studies and |
18 | | investigations and
shall exercise supervision over visitation |
19 | | as ordered by a court pursuant
to the Illinois Marriage and |
20 | | Dissolution 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 |
3 | | court of the
specific arrangements for supervised visitation |
4 | | and projected monthly costs
within 60 days of the court order. |
5 | | The Department shall send to the court
information related to |
6 | | the costs incurred except in cases where the court
has |
7 | | determined the parties are financially unable to pay. The |
8 | | court may
order additional periodic reports as appropriate.
|
9 | | (u) In addition to other information that must be |
10 | | provided, whenever the Department places a child with a |
11 | | prospective adoptive parent or parents, in a licensed foster |
12 | | home,
group home, or child care institution, or in a relative |
13 | | home, the Department
shall provide to the prospective adoptive |
14 | | parent 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 |
4 | | behavioral
information (including, but not limited to, |
5 | | criminal background, fire
setting, perpetuation of
sexual |
6 | | abuse, destructive behavior, and substance abuse) necessary to |
7 | | care
for and safeguard the children to be placed or currently |
8 | | in the home. The Department may prepare a written summary of |
9 | | the information required by this paragraph, which may be |
10 | | provided to the foster or prospective adoptive parent in |
11 | | advance of a placement. The foster or prospective adoptive |
12 | | parent may review the supporting documents in the child's file |
13 | | in the presence of casework staff. In the case of an emergency |
14 | | placement, casework staff shall at least provide known |
15 | | information verbally, if necessary, and must subsequently |
16 | | provide the information in writing as required by this |
17 | | subsection.
|
18 | | The information described in this subsection shall be |
19 | | provided in writing. In the case of emergency placements when |
20 | | time does not allow prior review, preparation, and collection |
21 | | of written information, the Department shall provide such |
22 | | information as it becomes available. Within 10 business days |
23 | | after placement, the Department shall obtain from the |
24 | | prospective adoptive parent or parents or other caretaker a |
25 | | signed verification of receipt of the information provided. |
26 | | Within 10 business days after placement, the Department shall |
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1 | | provide to the child's guardian ad litem a copy of the |
2 | | information provided to the prospective adoptive parent or |
3 | | parents or other caretaker. The information provided to the |
4 | | prospective adoptive parent or parents or other caretaker |
5 | | shall be reviewed and approved regarding accuracy at the |
6 | | supervisory level.
|
7 | | (u-5) Effective July 1, 1995, only foster care placements |
8 | | licensed as
foster family homes pursuant to the Child Care Act |
9 | | of 1969 shall be eligible to
receive foster care payments from |
10 | | the Department.
Relative caregivers who, as of July 1, 1995, |
11 | | were approved pursuant to approved
relative placement rules |
12 | | previously promulgated by the Department at 89 Ill.
Adm. Code |
13 | | 335 and had submitted an application for licensure as a foster |
14 | | family
home may continue to receive foster care payments only |
15 | | until the Department
determines that they may be licensed as a |
16 | | foster family home or that their
application for licensure is |
17 | | denied or until September 30, 1995, whichever
occurs first.
|
18 | | (v) The Department shall access criminal history record |
19 | | information
as defined in the Illinois Uniform Conviction |
20 | | Information Act and information
maintained in the adjudicatory |
21 | | and dispositional record system as defined in
Section 2605-355 |
22 | | of the
Illinois State Police Law
if the Department determines |
23 | | the information is necessary to perform its duties
under the |
24 | | Abused and Neglected Child Reporting Act, the Child Care Act |
25 | | of 1969,
and the Children and Family Services Act. The |
26 | | Department shall provide for
interactive computerized |
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1 | | communication and processing equipment that permits
direct |
2 | | on-line communication with the Illinois State Police's central
|
3 | | criminal history data repository. The Department shall comply |
4 | | with all
certification requirements and provide certified |
5 | | operators who have been
trained by personnel from the Illinois |
6 | | State Police. In addition, one
Office of the Inspector General |
7 | | investigator shall have training in the use of
the criminal |
8 | | history information access system and have
access to the |
9 | | terminal. The Department of Children and Family Services and |
10 | | its
employees shall abide by rules and regulations established |
11 | | by the Illinois State Police relating to the access and |
12 | | dissemination of
this information.
|
13 | | (v-1) Prior to final approval for placement of a child, |
14 | | the Department shall conduct a criminal records background |
15 | | check of the prospective foster or adoptive parent, including |
16 | | fingerprint-based checks of national crime information |
17 | | databases. Final approval for placement shall not be granted |
18 | | if the record check reveals a felony conviction for child |
19 | | abuse or neglect, for spousal abuse, for a crime against |
20 | | children, or for a crime involving violence, including rape, |
21 | | sexual assault, or homicide, but not including other physical |
22 | | assault or battery, or if there is a felony conviction for |
23 | | physical assault, battery, or a drug-related offense committed |
24 | | within the past 5 years. |
25 | | (v-2) Prior to final approval for placement of a child, |
26 | | the Department shall check its child abuse and neglect |
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1 | | registry for information concerning prospective foster and |
2 | | adoptive parents, and any adult living in the home. If any |
3 | | prospective foster or adoptive parent or other adult living in |
4 | | the home has resided in another state in the preceding 5 years, |
5 | | the Department shall request a check of that other state's |
6 | | child abuse and neglect registry.
|
7 | | (w) Within 120 days of August 20, 1995 (the effective date |
8 | | of Public Act
89-392), the Department shall prepare and submit |
9 | | to the Governor and the
General Assembly, a written plan for |
10 | | the development of in-state licensed
secure child care |
11 | | facilities that care for children who are in need of secure
|
12 | | living
arrangements for their health, safety, and well-being. |
13 | | For purposes of this
subsection, secure care facility shall |
14 | | mean a facility that is designed and
operated to ensure that |
15 | | all entrances and exits from the facility, a building
or a |
16 | | distinct part of the building, are under the exclusive control |
17 | | of the
staff of the facility, whether or not the child has the |
18 | | freedom of movement
within the perimeter of the facility, |
19 | | building, or distinct part of the
building. The plan shall |
20 | | include descriptions of the types of facilities that
are |
21 | | needed in Illinois; the cost of developing these secure care |
22 | | facilities;
the estimated number of placements; the potential |
23 | | cost savings resulting from
the movement of children currently |
24 | | out-of-state who are projected to be
returned to Illinois; the |
25 | | necessary geographic distribution of these
facilities in |
26 | | Illinois; and a proposed timetable for development of such
|
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1 | | facilities. |
2 | | (x) The Department shall conduct annual credit history |
3 | | checks to determine the financial history of children placed |
4 | | under its guardianship pursuant to the Juvenile Court Act of |
5 | | 1987. The Department shall conduct such credit checks starting |
6 | | when a youth in care turns 12 years old and each year |
7 | | thereafter for the duration of the guardianship as terminated |
8 | | pursuant to the Juvenile Court Act of 1987. The Department |
9 | | shall determine if financial exploitation of the child's |
10 | | personal information has occurred. If financial exploitation |
11 | | appears to have taken place or is presently ongoing, the |
12 | | Department shall notify the proper law enforcement agency, the |
13 | | proper State's Attorney, or the Attorney General. |
14 | | (y) Beginning on July 22, 2010 (the effective date of |
15 | | Public Act 96-1189), a child with a disability who receives |
16 | | residential and educational services from the Department shall |
17 | | be eligible to receive transition services in accordance with |
18 | | Article 14 of the School Code from the age of 14.5 through age |
19 | | 21, inclusive, notwithstanding the child's residential |
20 | | services arrangement. For purposes of this subsection, "child |
21 | | with a disability" means a child with a disability as defined |
22 | | by the federal Individuals with Disabilities Education |
23 | | Improvement Act of 2004. |
24 | | (z) The Department shall access criminal history record |
25 | | information as defined as "background information" in this |
26 | | subsection and criminal history record information as defined |
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1 | | in the Illinois Uniform Conviction Information Act for each |
2 | | Department employee or Department applicant. Each Department |
3 | | employee or Department applicant shall submit the employee's
|
4 | | or applicant's his or her fingerprints to the Illinois State |
5 | | Police in the form and manner prescribed by the Illinois State |
6 | | Police. These fingerprints shall be checked against the |
7 | | fingerprint records now and hereafter filed in the Illinois |
8 | | State Police and the Federal Bureau of Investigation criminal |
9 | | history records databases. The Illinois State Police shall |
10 | | charge a fee for conducting the criminal history record check, |
11 | | which shall be deposited into the State Police Services Fund |
12 | | and shall not exceed the actual cost of the record check. The |
13 | | Illinois State Police shall furnish, pursuant to positive |
14 | | identification, all Illinois conviction information to the |
15 | | Department 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 |
10 | | employee coded or certified within the State of Illinois |
11 | | Personnel System. |
12 | | "Department applicant" means an individual who has |
13 | | conditional Department full-time or part-time work, a |
14 | | contractor, an individual used to replace or supplement staff, |
15 | | an academic intern, a volunteer in Department offices or on |
16 | | Department contracts, a work-study student, an individual or |
17 | | entity licensed by the Department, or an unlicensed service |
18 | | provider who works as a condition of a contract or an agreement |
19 | | and whose work may bring the unlicensed service provider into |
20 | | contact with Department clients or client records. |
21 | | (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; |
22 | | 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. |
23 | | 8-20-21; 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 |
2 | | with private child welfare agencies,
shall develop and |
3 | | implement a direct child welfare service employee license.
By |
4 | | January 1, 2001 all child protective investigators and |
5 | | supervisors and child
welfare specialists and supervisors |
6 | | employed by the Department or its
contractors shall be |
7 | | required to demonstrate sufficient knowledge and skills to
|
8 | | obtain and maintain the license. The Direct Child Welfare
|
9 | | Service Employee License Board of the Department shall have
|
10 | | the authority to
revoke or suspend the license of anyone who |
11 | | after a hearing is found to be
guilty of misfeasance. The |
12 | | Department shall promulgate such rules as necessary
to |
13 | | implement this Section.
|
14 | | (b) If a direct child welfare service employee licensee is |
15 | | expected to transport a child or children with a motor vehicle |
16 | | in the course of performing the direct child welfare service |
17 | | employee licensee's his or her duties, the Department must |
18 | | verify that the licensee meets the requirements set forth in |
19 | | Section 5.1 of the Child Care Act of 1969. The Department must |
20 | | make that verification as to each such licensee every 2 years. |
21 | | Upon the Department's request, the Secretary of State shall |
22 | | provide the Department with the information necessary to |
23 | | enable the Department to make the verifications required under |
24 | | this subsection. If the Department discovers that a direct |
25 | | child welfare service employee licensee has engaged in |
26 | | transporting a child or children with a motor vehicle without |
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1 | | having a valid driver's license, the Department shall |
2 | | immediately revoke the individual's direct child welfare |
3 | | service employee license.
|
4 | | (c) On or before January 1, 2000, and every year |
5 | | thereafter, the Department shall
submit an annual report to |
6 | | the 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 |
10 | | Board.
|
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 |
17 | | Board is created
within
the Department of Children and Family |
18 | | Services and shall consist of 9 members
appointed by the |
19 | | Director. The Director shall annually designate a chairperson
|
20 | | and
vice-chairperson of
the Board. The membership of the
Board
|
21 | | must be composed as follows: (i) 5 licensed professionals from |
22 | | the field of
human
services with a human services, juris |
23 | | doctor, medical, public administration, or other relevant |
24 | | human services degree and who are in good standing within |
25 | | their
profession, at least 2 of which
must be employed in the |
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1 | | private not-for-profit sector and at least one of which
in the |
2 | | public
sector; (ii) 2
faculty members of an accredited |
3 | | university who have child welfare experience
and are
in good
|
4 | | standing within their profession and (iii) 2 members of the |
5 | | general public who
are not
licensed under this Act or a similar |
6 | | rule and will represent consumer
interests.
|
7 | | In making the first appointments, the Director shall |
8 | | appoint 3 members to
serve
for a term of one year, 3 members to |
9 | | serve for a term of 2 years, and 3
members to
serve for a term |
10 | | of 3 years, or until their successors are appointed and
|
11 | | qualified. Their
successors shall be appointed to serve 3-year |
12 | | terms, or until their
successors are
appointed and qualified. |
13 | | Appointments to fill unexpired vacancies shall be
made in the
|
14 | | same manner as original appointments. No member may be |
15 | | reappointed if a
reappointment would cause that member to |
16 | | serve on the Board for longer than 6
consecutive years. Board |
17 | | membership must have reasonable representation from
different |
18 | | geographic areas of Illinois, and all members must be |
19 | | residents of
this State.
|
20 | | The Director may terminate the appointment of any member |
21 | | for good cause,
including but not limited to (i) unjustified |
22 | | absences from Board meetings or
other failure
to meet Board |
23 | | responsibilities, (ii) failure to recuse oneself himself or |
24 | | herself when
required by
subsection (c) of this Section or |
25 | | Department rule, or (iii) failure to maintain
the professional
|
26 | | position required by Department rule. No member of the Board |
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1 | | may have a
pending
or indicated report of child abuse or |
2 | | neglect or a pending complaint or
criminal
conviction of any |
3 | | of the offenses set forth in paragraph
(b) of Section
4.2 of |
4 | | the Child Care Act of 1969.
|
5 | | The members of the Board shall receive no compensation for |
6 | | the performance of
their duties as members, but each member |
7 | | shall be reimbursed for the member's his or her
reasonable and
|
8 | | necessary expenses incurred in attending the meetings of the |
9 | | Board.
|
10 | | (c) The Board shall make recommendations to the Director |
11 | | regarding licensure
rules. Board members must recuse |
12 | | themselves from sitting on any matter
involving an
employee of |
13 | | a child welfare agency at which the Board member is an employee |
14 | | or
contractual employee. The Board shall make a final |
15 | | determination concerning
revocation, suspension, or |
16 | | reinstatement of an employee's direct child welfare
service
|
17 | | license after a hearing conducted under the Department's |
18 | | rules. Upon
notification of the manner of the vote to all the |
19 | | members, votes on a
final determination may be cast in person, |
20 | | by
telephonic or
electronic means, or by mail at the |
21 | | discretion of the chairperson.
A simple majority of the |
22 | | members appointed and serving is
required
when Board members |
23 | | vote by mail or by telephonic or electronic means. A
majority |
24 | | of
the currently appointed and serving Board members |
25 | | constitutes a quorum. A
majority of
a quorum is required when a |
26 | | recommendation is voted on during a Board
meeting. A
vacancy |
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1 | | in the membership of the Board shall not impair the right of a |
2 | | quorum
to perform
all the duties of the Board. Board members |
3 | | are not personally liable in any
action based
upon a |
4 | | disciplinary proceeding or otherwise for any action taken in |
5 | | good faith
as a
member of the Board.
|
6 | | (d) The Director may assign Department employees to |
7 | | provide staffing
services to
the Board. The Department must |
8 | | promulgate any rules necessary to implement
and administer the |
9 | | requirements 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 |
14 | | shall ensure that an exit interview is conducted with every |
15 | | child 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 |
2 | | interview form, no later than January 1, 2023, to implement |
3 | | this Section. |
4 | | (c) Beginning July 1, 2023 and quarterly thereafter, the |
5 | | Department shall post on its webpage a report summarizing the |
6 | | details 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 |
11 | | shall place the
child, as far as possible, in the care and |
12 | | custody of some individual
holding the same religious belief |
13 | | as the parents of the child, or with some
child care facility |
14 | | which is operated by persons of like religious faith as
the |
15 | | parents of such child.
|
16 | | (a-5) In placing a child under this Act, the Department |
17 | | shall place the child with the child's
sibling or siblings |
18 | | under Section 7.4 of this Act unless the placement is not in |
19 | | each child's best
interest, or is otherwise not possible under |
20 | | the Department's rules. If the child is not
placed with a |
21 | | sibling under the Department's rules, the Department shall |
22 | | consider
placements that are likely to develop, preserve, |
23 | | nurture, and support sibling relationships, where
doing so is |
24 | | in each child's best interest. |
25 | | (b) In placing a child under this Act, the Department may |
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1 | | place a child
with a relative if the Department determines |
2 | | that the relative
will be able to adequately provide for the |
3 | | child's safety and welfare based on the factors set forth in |
4 | | the Department's rules governing relative placements, and that |
5 | | the placement is consistent with the child's best interests, |
6 | | taking 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 |
9 | | placing that child under this Act, the Department shall make |
10 | | reasonable efforts to identify, locate, and provide notice to |
11 | | all adult grandparents and other adult relatives of the child |
12 | | who are ready, willing, and able to care for the child. At a |
13 | | minimum, these efforts shall be renewed each time the child |
14 | | requires a placement change and it is appropriate for the |
15 | | child to be cared for in a home environment. The Department |
16 | | must document its efforts to identify, locate, and provide |
17 | | notice to such potential relative placements and maintain the |
18 | | documentation in the child's case file. |
19 | | If the Department determines that a placement with any |
20 | | identified relative is not in the child's best interests or |
21 | | that the relative does not meet the requirements to be a |
22 | | relative caregiver, as set forth in Department rules or by |
23 | | statute, the Department must document the basis for that |
24 | | decision and maintain the documentation in the child's case |
25 | | file.
|
26 | | If, pursuant to the Department's rules, any person files |
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1 | | an administrative appeal of the Department's decision not to |
2 | | place a child with a relative, it is the Department's burden to |
3 | | prove that the decision is consistent with the child's best |
4 | | interests. |
5 | | When the Department determines that the child requires |
6 | | placement in an environment, other than a home environment, |
7 | | the Department shall continue to make reasonable efforts to |
8 | | identify and locate relatives to serve as visitation resources |
9 | | for the child and potential future placement resources, except |
10 | | when the Department determines that those efforts would be |
11 | | futile or inconsistent with the child's best interests. |
12 | | If the Department determines that efforts to identify and |
13 | | locate relatives would be futile or inconsistent with the |
14 | | child's best interests, the Department shall document the |
15 | | basis of its determination and maintain the documentation in |
16 | | the child's case file. |
17 | | If the Department determines that an individual or a group |
18 | | of relatives are inappropriate to serve as visitation |
19 | | resources or possible placement resources, the Department |
20 | | shall document the basis of its determination and maintain the |
21 | | documentation in the child's case file. |
22 | | When the Department determines that an individual or a |
23 | | group of relatives are appropriate to serve as visitation |
24 | | resources or possible future placement resources, the |
25 | | Department shall document the basis of its determination, |
26 | | maintain the documentation in the child's case file, create a |
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1 | | visitation or transition plan, or both, and incorporate the |
2 | | visitation or transition plan, or both, into the child's case |
3 | | plan. For the purpose of this subsection, any determination as |
4 | | to the child's best interests shall include consideration of |
5 | | the factors set out in subsection (4.05) of Section 1-3 of the |
6 | | Juvenile Court Act of 1987.
|
7 | | The Department may not place a child with a relative, with |
8 | | the exception of
certain circumstances which may be waived as |
9 | | defined by the Department in
rules, if the results of a check |
10 | | of the Law Enforcement Agencies
Data System (LEADS) identifies |
11 | | a prior criminal conviction of the relative or
any adult |
12 | | member of the relative's household for any of the following |
13 | | offenses
under the Criminal Code of 1961 or the Criminal Code |
14 | | of 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 |
14 | | include
any person, 21 years of age or over, other than the |
15 | | parent, who (i) is
currently related to the child in any of the |
16 | | following ways by blood or
adoption: grandparent, sibling, |
17 | | great-grandparent, parent's sibling, sibling's child uncle, |
18 | | aunt, nephew, niece ,
first cousin, second cousin, godparent, |
19 | | or grandparent's sibling great-uncle, or great-aunt ; or (ii) |
20 | | is
the spouse of such a
relative; or (iii) is the child's |
21 | | step-parent step-father, step-mother , or adult step-sibling
|
22 | | step-brother or step-sister ; or (iv) is a fictive kin; |
23 | | "relative" also includes a person related in any
of the |
24 | | foregoing ways to a sibling of a child, even though the person |
25 | | is not
related to the child, when the
child and the child's its |
26 | | sibling are placed together with that person. For children who |
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1 | | have been in the guardianship of the Department, have been |
2 | | adopted, and are subsequently returned to the temporary |
3 | | custody or guardianship of the Department, a "relative" may |
4 | | also include any person who would have qualified as a relative |
5 | | under this paragraph prior to the adoption, but only if the |
6 | | Department determines, and documents, that it would be in the |
7 | | child's best interests to consider this person a relative, |
8 | | based upon the factors for determining best interests set |
9 | | forth in subsection (4.05) of Section 1-3 of the Juvenile |
10 | | Court Act of 1987. A relative with
whom a child is placed |
11 | | pursuant to this subsection may, but is not required to,
apply |
12 | | for licensure as a foster family home pursuant to the Child |
13 | | Care Act of
1969; provided, however, that as of July 1, 1995, |
14 | | foster care payments shall be
made only to licensed foster |
15 | | family homes pursuant to the terms of Section 5 of
this Act.
|
16 | | Notwithstanding any other provision under this subsection |
17 | | to the contrary, a fictive kin with whom a child is placed |
18 | | pursuant to this subsection shall apply for licensure as a |
19 | | foster family home pursuant to the Child Care Act of 1969 |
20 | | within 6 months of the child's placement with the fictive kin. |
21 | | The Department shall not remove a child from the home of a |
22 | | fictive kin on the basis that the fictive kin fails to apply |
23 | | for licensure within 6 months of the child's placement with |
24 | | the fictive kin, or fails to meet the standard for licensure. |
25 | | All other requirements established under the rules and |
26 | | procedures of the Department concerning the placement of a |
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1 | | child, for whom the Department is legally responsible, with a |
2 | | relative shall apply. By June 1, 2015, the Department shall |
3 | | promulgate rules establishing criteria and standards for |
4 | | placement, identification, and licensure of fictive kin. |
5 | | For purposes of this subsection, "fictive kin" means any |
6 | | individual, 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 |
19 | | 98-846 shall become operative on and after June 1, 2015. |
20 | | (c) In placing a child under this Act, the Department |
21 | | shall ensure that
the child's health, safety, and best |
22 | | interests are met.
In rejecting placement of a child with an |
23 | | identified relative, the Department shall ensure that the |
24 | | child's health, safety, and best interests are met. In |
25 | | evaluating the best interests of the child, the Department |
26 | | shall take into consideration the factors set forth in |
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1 | | subsection (4.05) of Section 1-3 of the Juvenile Court Act of |
2 | | 1987.
|
3 | | The Department shall consider the individual needs of the
|
4 | | child and the capacity of the prospective foster or adoptive
|
5 | | parents to meet the needs of the child. When a child must be |
6 | | placed
outside the child's his or her home and cannot be |
7 | | immediately returned to the child's his or her
parents or |
8 | | guardian, a comprehensive, individualized assessment shall be
|
9 | | performed of that child at which time the needs of the child |
10 | | shall be
determined. Only if race, color, or national origin |
11 | | is identified as a
legitimate factor in advancing the child's |
12 | | best interests shall it be
considered. Race, color, or |
13 | | national origin shall not be routinely
considered in making a |
14 | | placement decision. The Department shall make
special
efforts |
15 | | for the diligent recruitment of potential foster and adoptive |
16 | | families
that reflect the ethnic and racial diversity of the |
17 | | children for whom foster
and adoptive homes are needed. |
18 | | "Special efforts" shall include contacting and
working with |
19 | | community organizations and religious organizations and may
|
20 | | include contracting with those organizations, utilizing local |
21 | | media and other
local resources, and conducting outreach |
22 | | activities.
|
23 | | (c-1) At the time of placement, the Department shall |
24 | | consider concurrent
planning, as described in subsection (l-1) |
25 | | of Section 5, so that permanency may
occur at the earliest |
26 | | opportunity. Consideration should be given so that if
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1 | | reunification fails or is delayed, the placement made is the |
2 | | best available
placement to provide permanency for the child. |
3 | | To the extent that doing so is in the child's best interests as |
4 | | set forth in subsection (4.05) of Section 1-3 of the Juvenile |
5 | | Court Act of 1987, the Department should consider placements |
6 | | that will permit the child to maintain a meaningful |
7 | | relationship with the child's his or her parents.
|
8 | | (d) The Department may accept gifts, grants, offers of |
9 | | services, and
other contributions to use in making special |
10 | | recruitment efforts.
|
11 | | (e) The Department in placing children in adoptive or |
12 | | foster care homes
may not, in any policy or practice relating |
13 | | to the placement of children for
adoption or foster care, |
14 | | discriminate against any child or prospective adoptive
or |
15 | | foster parent on the basis of race.
|
16 | | (Source: P.A. 99-143, eff. 7-27-15; 99-340, eff. 1-1-16; |
17 | | 99-642, eff. 7-28-16; 99-836, eff. 1-1-17; 100-101, eff. |
18 | | 8-11-17.)
|
19 | | (20 ILCS 505/7.3)
|
20 | | Sec. 7.3. Placement plan. The Department shall develop and |
21 | | implement a
written plan for placing children. The plan shall |
22 | | include 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; |
2 | | participation 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 |
2 | | are generally
accepted as suitable for children of the same |
3 | | chronological age or
developmental level of maturity. |
4 | | Appropriateness is based on the development
of cognitive, |
5 | | emotional, physical, and behavioral capacity that is
typical |
6 | | for an age or age group, taking into account the individual |
7 | | child's cognitive, emotional, physical, and behavioral |
8 | | development. |
9 | | "Caregiver" means a person with whom the child is placed |
10 | | in
out-of-home care or a designated official for child care |
11 | | facilities
licensed by the Department as
defined in the Child |
12 | | Care Act of 1969. |
13 | | "Reasonable and prudent parent standard" means the |
14 | | standard
characterized by careful and sensible parental |
15 | | decisions that maintain
the child's health, safety, and best |
16 | | interests while at the same time
supporting the child's |
17 | | emotional and developmental growth that a
caregiver shall use |
18 | | when determining whether to allow a child in out-of-home care |
19 | | to participate in extracurricular, enrichment, cultural, and |
20 | | social
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
|
5 | | youth's his or her belongings in plastic bags or in similar |
6 | | forms of disposable containers, including, but not limited to, |
7 | | trash bags, paper or plastic shopping bags, or pillow cases |
8 | | when relocating from one placement type to another placement |
9 | | type or when discharged from the custody or guardianship of |
10 | | the Department. The Department shall ensure that each youth in |
11 | | care has appropriate baggage and other items to store the
|
12 | | youth's his or her belongings when moving through the State's |
13 | | child welfare system. As used in this subsection, "purchase of |
14 | | service agency" means any entity that contracts with the |
15 | | Department to provide services that are consistent with the |
16 | | purposes of this Act. |
17 | | (d) Rulemaking. The Department shall adopt, by rule,
|
18 | | procedures no later than June 1, 2017 that promote and protect |
19 | | the ability
of children to participate in appropriate |
20 | | extracurricular,
enrichment, cultural, and social activities.
|
21 | | (e) The Department shall ensure that every youth in care |
22 | | who is entering the
youth's his or her final year of high |
23 | | school has completed a Free Application for Federal Student |
24 | | Aid form, if applicable, or an application for State financial |
25 | | aid on or after October 1, but no later than November 1, of the |
26 | | youth'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; |
2 | | 102-813, eff. 5-13-22.)
|
3 | | (20 ILCS 505/7.4)
|
4 | | Sec. 7.4. Development and preservation of sibling |
5 | | relationships for children in care; placement of siblings; |
6 | | contact among siblings placed apart.
|
7 | | (a) Purpose and policy. The General Assembly recognizes |
8 | | that sibling relationships are unique and essential for a |
9 | | person, but even more so for children who are removed from the |
10 | | care of their families and placed in the State child welfare |
11 | | system. When family separation occurs through State |
12 | | intervention, every effort must be made to preserve, support |
13 | | and nurture sibling relationships when doing so is in the best |
14 | | interest of each sibling. It is in the interests of foster |
15 | | children who are part of a sibling group to enjoy contact with |
16 | | one another, as long as the contact is in each child's best |
17 | | interest. This is true both while the siblings are in State |
18 | | care and after one or all of the siblings leave State care |
19 | | through 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 |
25 | | promulgate rules addressing the
development and preservation |
26 | | of sibling relationships. The rules shall address, at a
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1 | | minimum: |
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 |
7 | | youth entering care and exiting
care explaining their rights |
8 | | and responsibilities related to sibling visitation while in |
9 | | care and post permanency. |
10 | | (e) Whenever a child enters care or requires a new |
11 | | placement, the Department shall consider the development and |
12 | | preservation 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 |
21 | | placements, the Department shall develop a
Sibling Contact |
22 | | Support Plan. The Department shall convene a meeting to |
23 | | develop the
Support Plan. The meeting shall include, at a |
24 | | minimum, the case managers for the
siblings, the foster |
25 | | parents or other care providers if a child is in a non-foster |
26 | | home
placement and the child, when developmentally and |
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1 | | clinically appropriate. The
Department shall make all |
2 | | reasonable efforts to promote the participation of the foster
|
3 | | parents. Parents whose parental rights are intact shall be |
4 | | invited to the meeting. Others,
such as therapists and |
5 | | mentors, shall be invited as appropriate. The Support Plan |
6 | | shall set
forth future contact and visits between the siblings |
7 | | to develop or preserve, and nurture the
siblings' |
8 | | relationships. The Support Plan shall set forth the role of |
9 | | the foster parents and
caregivers and others in implementing |
10 | | the Support Plan. The Support Plan must meet the
minimum |
11 | | standards regarding frequency of in-person visits provided for |
12 | | in Department
rule. The Support Plan will be incorporated in |
13 | | the child's service plan and reviewed at
each administrative |
14 | | case review. The Support Plan should be modified if one of the
|
15 | | children moves to a new placement, or as necessary to meet the |
16 | | needs of the children. The Sibling Contact Support Plan for a |
17 | | child in care may include siblings who are not in the care of |
18 | | the Department, with the consent and participation of that |
19 | | child's parent or guardian. |
20 | | (g) By January 1, 2013, the Department shall develop a |
21 | | registry so that placement
information regarding adopted |
22 | | siblings and siblings in private guardianship is readily
|
23 | | available to Department and private agency caseworkers |
24 | | responsible for placing children
in the Department's care. |
25 | | When a child is adopted or placed in private guardianship from
|
26 | | foster care the Department shall inform the adoptive parents |
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1 | | or guardians that they may be contacted in the future |
2 | | regarding placement of or contact with siblings subsequently |
3 | | requiring placement. |
4 | | (h) When a child is in need of an adoptive placement, the |
5 | | Department shall examine its files and other available |
6 | | resources and attempt to determine whether a sibling of the |
7 | | child has been adopted or placed in private guardianship after |
8 | | being in the Department's custody or guardianship. If the |
9 | | Department determines that a sibling of the child has been |
10 | | adopted or placed in private guardianship, the Department |
11 | | shall make a good faith effort to locate the adoptive parents |
12 | | or guardians of the sibling and inform them of the |
13 | | availability of the child for adoption. The Department may |
14 | | determine not to inform the adoptive parents or guardians of a |
15 | | sibling of a child that the child is available for adoption |
16 | | only for a reason permitted under criteria adopted by the |
17 | | Department by rule, and documented in the child's case file. |
18 | | If a child available for adoption has a sibling who has been |
19 | | adopted or placed in guardianship, and the adoptive parents or |
20 | | guardians of that sibling apply to adopt the child, the |
21 | | Department shall consider them as adoptive applicants for the |
22 | | adoption of the child. The Department's final decision as to |
23 | | whether it will consent to the adoptive parents or guardians |
24 | | of a sibling being the adoptive parents of the child shall be |
25 | | based upon the welfare and best interest of the child. In |
26 | | arriving at its decision, the Department shall consider all |
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1 | | relevant 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 |
18 | | adopted sibling or sibling in private guardianship is not |
19 | | feasible, but it is in the child's best interest to develop a |
20 | | relationship with the child's his or her sibling, the |
21 | | Department shall invite the adoptive parents, guardian, or |
22 | | guardians for a mediation or joint team decision-making |
23 | | meeting to facilitate a discussion regarding future sibling |
24 | | contact. |
25 | | (i) Post Permanency Sibling Contact Agreement. When a |
26 | | child in the Department's care
has a permanency goal of |
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1 | | adoption or private guardianship, and the Department is
|
2 | | preparing to finalize the adoption or guardianship, the |
3 | | Department shall convene a
meeting with the pre-adoptive |
4 | | parent or prospective guardian and the case manager for
the |
5 | | child being adopted or placed in guardianship and the foster |
6 | | parents and case
managers for the child's siblings, and others |
7 | | as applicable. The children should participate as is
|
8 | | developmentally appropriate. Others, such as therapists and |
9 | | mentors, may participate as
appropriate. At the meeting the |
10 | | Department shall encourage the parties to discuss
sibling |
11 | | contact post permanency. The Department may assist the parties |
12 | | in 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; |
5 | | revised 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 |
10 | | services" means services provided by the Department to |
11 | | facilitate contact between adoptees and their siblings when |
12 | | one or more is still in the Department's care or adopted |
13 | | elsewhere, with the notarized consent of the adoptive parents |
14 | | of a minor child, when such contact has been established to be |
15 | | necessary to the adoptee's best interests and when all |
16 | | involved parties, including the adoptive parent of a child |
17 | | under 21 years of age, have provided written consent for such |
18 | | contact. |
19 | | (b) The Department shall provide to all adoptive parents |
20 | | of children receiving monthly adoption assistance under |
21 | | subsection (j) of Section 5 of this Act a notice that includes |
22 | | a description of the Department's post-adoption reunion |
23 | | services and an explanation of how to access those services. |
24 | | The notice to adoptive parents shall be provided at least once |
25 | | per year until such time as the adoption assistance payments |
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1 | | cease. |
2 | | The Department shall also provide to all youth in care, |
3 | | within 30 days after their 18th birthday, the notice described |
4 | | in this Section.
|
5 | | (c) The Department shall adopt a rule regarding the |
6 | | provision of search and reunion services to youth in care and |
7 | | former 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 |
11 | | and former youth in care. |
12 | | (a) For purposes of this Section, "search and reunion |
13 | | services" 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 |
5 | | of children receiving monthly adoption assistance under |
6 | | subsection (j) of Section 5 of this Act a notice that includes |
7 | | a description of the Department's post-adoption reunion |
8 | | services and an explanation of how to access those services. |
9 | | The notice to adoptive parents shall be provided at least once |
10 | | per year until such time as the adoption assistance payments |
11 | | cease. |
12 | | (b-5) The Department shall provide a notice that includes |
13 | | a description of the Department's search and reunion services |
14 | | and an explanation of how to access those services to each |
15 | | person who is a youth in care within 30 days after the youth's |
16 | | 18th birthday and within 30 days prior to closure of the |
17 | | youth's case pending under Article II of the Juvenile Court |
18 | | Act of 1987 if the case is closing after the youth's 18th |
19 | | birthday. The Department shall work with organizations, such |
20 | | as the Foster Care Alumni of America Illinois Chapter, that |
21 | | have contact with foster care alumni, to distribute |
22 | | information about the Department's search and reunion |
23 | | services.
|
24 | | (c) The Department shall adopt a rule regarding the |
25 | | provision of search and reunion services to youth in care and |
26 | | former 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; |
4 | | immunization checks. |
5 | | (a) As used in this Section, "purchase of service agency" |
6 | | means any entity that contracts with the Department to provide |
7 | | services that are consistent with the purposes of this Act. |
8 | | (b) Whenever a child is placed in the custody or |
9 | | guardianship of the Department or a child is returned to the |
10 | | custody of a parent or guardian and the court retains |
11 | | jurisdiction of the case, the Department must ensure that the |
12 | | child is up to date on the child's his or her well-child |
13 | | visits, including age-appropriate immunizations, or that there |
14 | | is a documented religious or medical reason the child did not |
15 | | receive the immunizations. |
16 | | (c) Whenever a child has been placed in foster or |
17 | | substitute care by court order and the court later determines |
18 | | that the child can return to the custody of the child's his or |
19 | | her parent or guardian, the Department must complete, prior to |
20 | | the child's discharge from foster or substitute care, a home |
21 | | safety checklist to ensure that the conditions of the child's |
22 | | home are sufficient to ensure the child's safety and |
23 | | well-being, as defined in Department rules and procedures. At |
24 | | a minimum, the home safety checklist shall be completed within |
25 | | 24 hours prior to the child's return home and completed again |
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1 | | or recertified in the absence of any environmental barriers or |
2 | | hazards within 5 working days after a child is returned home |
3 | | and every month thereafter until the child's case is closed |
4 | | pursuant to the Juvenile Court Act of 1987. The home safety |
5 | | checklist shall include a certification that there are no |
6 | | environmental barriers or hazards to prevent returning the |
7 | | child home. |
8 | | (d) When a court determines that a child should return to |
9 | | the custody or guardianship of a parent or guardian, any |
10 | | aftercare services provided to the child and the child's |
11 | | family by the Department or a purchase of service agency shall |
12 | | commence on the date upon which the child is returned to the |
13 | | custody or guardianship of the child's his or her parent or |
14 | | guardian. If children are returned to the custody of a parent |
15 | | at different times, the Department or purchase of service |
16 | | agency shall provide a minimum of 6 months of aftercare |
17 | | services to each child commencing on the date each individual |
18 | | child is returned home. |
19 | | (e) One year after the effective date of this amendatory |
20 | | Act of the 101st General Assembly, the Auditor General shall |
21 | | commence a performance audit of the Department of Children and |
22 | | Family Services to determine whether the Department is meeting |
23 | | the requirements of this Section. Within 2 years after the |
24 | | audit's release, the Auditor General shall commence a |
25 | | follow-up performance audit to determine whether the |
26 | | Department has implemented the recommendations contained in |
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1 | | the initial performance audit. Upon completion of each audit, |
2 | | the Auditor General shall report its findings to the General |
3 | | Assembly. The Auditor General's reports shall include any |
4 | | issues or deficiencies and recommendations. The audits |
5 | | required by this Section shall be in accordance with and |
6 | | subject 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 |
11 | | students (at least 4 of whom shall be children of veterans) to |
12 | | receive scholarships and fee waivers which will enable them to |
13 | | attend and complete their post-secondary education at a |
14 | | community college, university, or college. Youth shall be |
15 | | selected from among the youth for whom the Department has |
16 | | court-ordered legal responsibility, youth who aged out of care |
17 | | at age 18 or older, or youth formerly under care
who have been |
18 | | adopted or who have been placed in private guardianship. |
19 | | Recipients must have earned a high school diploma from an |
20 | | accredited institution or a State of Illinois High School |
21 | | Diploma or diploma or have met the State criteria for high |
22 | | school graduation before the start of the school year for |
23 | | which they are applying for the scholarship and waiver. |
24 | | Scholarships and fee waivers shall be available to students |
25 | | for at least 5 years, provided they are continuing to work |
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1 | | toward graduation. Unused scholarship dollars and fee waivers |
2 | | shall be reallocated to new recipients. No later than January |
3 | | 1, 2015, the Department shall promulgate rules identifying the |
4 | | criteria for "continuing to work toward graduation" and for |
5 | | reallocating unused scholarships and fee waivers. Selection |
6 | | shall be made on the
basis of several factors, including, but |
7 | | not limited to, scholastic record, aptitude, and general |
8 | | interest in higher
education. The selection committee shall |
9 | | include at least 2 individuals formerly under the care of the |
10 | | Department who have completed their post-secondary education. |
11 | | In accordance with this Act, tuition scholarships and fee |
12 | | waivers
shall be available to such students at any university |
13 | | or college maintained by
the State of Illinois. The Department |
14 | | shall provide maintenance and school
expenses, except tuition |
15 | | and fees, during the academic years to supplement
the |
16 | | students' earnings or other resources so long as they |
17 | | consistently
maintain scholastic records which are acceptable |
18 | | to their schools and to
the Department. Students may attend |
19 | | other colleges and universities, if
scholarships are awarded |
20 | | to them, and receive the same benefits for maintenance
and |
21 | | other expenses as those students attending any Illinois State |
22 | | community
college, university, or college under this Section. |
23 | | Beginning with recipients receiving scholarships and waivers |
24 | | in August 2014, the Department shall collect data and report |
25 | | annually to the General Assembly on measures of success, |
26 | | including (i) the number of youth applying for and receiving |
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1 | | scholarships or waivers, (ii) the percentage of scholarship or |
2 | | waiver recipients who complete their college or university |
3 | | degree within 5 years, (iii) the average length of time it |
4 | | takes for scholarship or waiver recipients to complete their |
5 | | college or university degree, (iv) the reasons that |
6 | | scholarship or waiver recipients are discharged or fail to |
7 | | complete their college or university degree, (v) when |
8 | | available, youths' outcomes 5 years and 10 years after being |
9 | | awarded the scholarships or waivers, and (vi) budget |
10 | | allocations for maintenance and school expenses incurred by |
11 | | the Department.
|
12 | | (b) Youth shall receive a tuition and fee waiver to assist |
13 | | them in attending and completing their post-secondary |
14 | | education at any community college, university, or college |
15 | | maintained by the State of Illinois if they are youth for whom |
16 | | the Department has court-ordered legal responsibility, youth |
17 | | who aged out of care at age 18 or older, or youth formerly |
18 | | under care who have been adopted and were the subject of an |
19 | | adoption assistance agreement or who have been placed in |
20 | | private guardianship and were the subject of a subsidized |
21 | | guardianship agreement. |
22 | | To receive a waiver under this subsection, an applicant |
23 | | must: |
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 |
8 | | applicant attends must waive any tuition and fee amounts that |
9 | | exceed the amounts paid to the applicant under the federal |
10 | | Pell Grant Program or the State's Monetary Award Program. |
11 | | Tuition and fee waivers shall be available to a student |
12 | | for at least the first 5 years the student is enrolled in a |
13 | | community college, university, or college maintained by the |
14 | | State of Illinois so long as the student makes satisfactory |
15 | | progress toward completing the student's his or her degree. |
16 | | The age requirement and 5-year cap on tuition and fee waivers |
17 | | under this subsection shall be waived and eligibility for |
18 | | tuition and fee waivers shall be extended for any applicant or |
19 | | student who the Department determines was unable to enroll in |
20 | | a qualifying post-secondary school or complete an academic |
21 | | term because the applicant or student: (i) was called into |
22 | | active duty with the United States Armed Forces; (ii) was |
23 | | deployed for service in the United States Public Health |
24 | | Service Commissioned Corps; or (iii) volunteered in the Peace |
25 | | Corps or the AmeriCorps. The Department shall extend |
26 | | eligibility for a qualifying applicant or student by the total |
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1 | | number of months or years during which the applicant or |
2 | | student served on active duty with the United States Armed |
3 | | Forces, was deployed for service in the United States Public |
4 | | Health Service Commissioned Corps, or volunteered in the Peace |
5 | | Corps or the AmeriCorps. The number of months an applicant or |
6 | | student served on active duty with the United States Armed |
7 | | Forces shall be rounded up to the next higher year to determine |
8 | | the maximum length of time to extend eligibility for the |
9 | | applicant or student. |
10 | | The Department may provide the student with a stipend to |
11 | | cover maintenance and school expenses, except tuition and |
12 | | fees, during the academic years to supplement the student's |
13 | | earnings or other resources so long as the student |
14 | | consistently maintains scholastic records which are acceptable |
15 | | to the student's school and to the Department. |
16 | | The Department shall develop outreach programs to ensure |
17 | | that youths who qualify for the tuition and fee waivers under |
18 | | this subsection who are high school students in grades 9 |
19 | | through 12 or who are enrolled in a high school equivalency |
20 | | testing program are aware of the availability of the tuition |
21 | | and fee waivers. |
22 | | (c) Subject to appropriation, the Department shall provide |
23 | | eligible youth an apprenticeship stipend to cover those costs |
24 | | associated with entering and sustaining through completion an |
25 | | apprenticeship, including, but not limited to fees, tuition |
26 | | for classes, work clothes, rain gear, boots, and |
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1 | | occupation-specific tools. The following youth may be eligible |
2 | | for the apprenticeship stipend provided under this subsection: |
3 | | youth for whom the Department has court-ordered legal |
4 | | responsibility; youth who aged out of care at age 18 or older; |
5 | | or youth formerly under care who have been adopted and were the |
6 | | subject of an adoption assistance agreement or who have been |
7 | | placed in private guardianship and were the subject of a |
8 | | subsidized guardianship agreement. |
9 | | To receive a stipend under this subsection, an applicant |
10 | | must: |
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 |
20 | | youth for a maximum of 5 years after the youth enrolls in a |
21 | | qualifying apprenticeship program so long as the youth makes |
22 | | satisfactory progress toward completing the youth's his or her |
23 | | apprenticeship. The age requirement and 5-year cap on the |
24 | | apprenticeship stipend provided under this subsection shall be |
25 | | extended for any applicant who the Department determines was |
26 | | unable to enroll in a qualifying apprenticeship program |
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1 | | because the applicant: (i) was called into active duty with |
2 | | the United States Armed Forces; (ii) was deployed for service |
3 | | in the United States Public Health Service Commissioned Corps; |
4 | | or (iii) volunteered in the Peace Corps or the AmeriCorps. The |
5 | | Department shall extend eligibility for a qualifying applicant |
6 | | by the total number of months or years during which the |
7 | | applicant served on active duty with the United States Armed |
8 | | Forces, was deployed for service in the United States Public |
9 | | Health Service Commissioned Corps, or volunteered in the Peace |
10 | | Corps or the AmeriCorps. The number of months an applicant |
11 | | served on active duty with the United States Armed Forces |
12 | | shall be rounded up to the next higher year to determine the |
13 | | maximum length of time to extend eligibility for the |
14 | | applicant. |
15 | | The Department shall develop outreach programs to ensure |
16 | | that youths who qualify for the apprenticeship stipends under |
17 | | this subsection who are high school students in grades 9 |
18 | | through 12 or who are enrolled in a high school equivalency |
19 | | testing program are aware of the availability of the |
20 | | apprenticeship stipend. |
21 | | (Source: P.A. 101-558, eff. 1-1-20; 102-1100, eff. 1-1-23; |
22 | | revised 12-8-22.)
|
23 | | (20 ILCS 505/8a) (from Ch. 23, par. 5008a)
|
24 | | Sec. 8a.
No otherwise qualified child with a disability |
25 | | receiving
special education and related services under Article |
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1 | | 14 of The School Code
shall solely by reason of the child's his |
2 | | or her disability be excluded from the
participation in or be |
3 | | denied the benefits of or be subjected to
discrimination under |
4 | | any program or activity provided by the Department.
|
5 | | The Department, or its authorized agent, shall ensure that |
6 | | a copy of a
student's then current individualized education |
7 | | program (IEP) is provided
to the school district in which the |
8 | | student is newly placed by the
Department. Upon receipt of the |
9 | | IEP, the new school district shall review
it and place the |
10 | | student in a special education program in accordance with
that |
11 | | described in the IEP. The Department shall consult with the |
12 | | State
Board of Education in the development of necessary rules |
13 | | and 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 |
17 | | or services
from the Department shall, by reason of the |
18 | | homeless person's his or her status as a homeless
person, be |
19 | | excluded from participation in, be denied benefits under or be
|
20 | | subjected to discrimination under any program or activity |
21 | | provided 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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1 | | Information requested
of parents and guardians shall be |
2 | | submitted on forms or questionnaires prescribed
by the |
3 | | Department or units of local government as the case may be and |
4 | | shall
contain a written declaration to be signed by the parent |
5 | | or guardian in substantially
the following form:
|
6 | | "I declare under penalties of perjury that I have examined |
7 | | this form or
questionnaire and all accompanying statements or |
8 | | documents pertaining to
my income, or any other matter having |
9 | | bearing upon my status and ability to
provide payment for care |
10 | | and training of my child, and to the best of my
knowledge and |
11 | | belief the information supplied is true, correct, and |
12 | | complete".
|
13 | | A person who makes and subscribes a form or questionnaire |
14 | | which contains,
as herein above provided, a written |
15 | | declaration that it is made under the
penalties of perjury, |
16 | | knowing it to be false, incorrect or incomplete, in
respect to |
17 | | any material statement or representative bearing upon the |
18 | | parent's or guardian's his status
as a parent or guardian, or |
19 | | upon the parent's or guardian's his income, resources, or |
20 | | other matter
concerning the parent's or guardian's his ability |
21 | | to provide parental payment, shall be subject to
the penalties |
22 | | for perjury provided for in Section 32-2 of the Criminal
Code |
23 | | of 2012.
|
24 | | Parents who refuse to provide such information after three |
25 | | written requests
from the Department will be liable for the |
26 | | full cost of care provided,
from the commencement of such care |
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1 | | until the required information is received.
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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 |
5 | | Department has
determined that a parent or guardian is liable |
6 | | for payment for care and
support of the parent's or guardian's |
7 | | his children, the parent or guardian shall be notified by |
8 | | mailing the parent or guardian
him a copy of the determination |
9 | | by mail, advising the parent or guardian him of the parent's or |
10 | | guardian's his legal obligation
to make payments for such |
11 | | period or periods of time, definite in duration
or indefinite, |
12 | | as the circumstances required. The notice shall direct payment
|
13 | | as provided in Section 9.6.
|
14 | | Within 30 days after receipt of a payment notice, the |
15 | | parents may appeal
the assessment amount if the data used in |
16 | | determining the amount is inaccurate
or incomplete. Parents |
17 | | may also appeal the assessment at any time on the
basis of |
18 | | changes in their circumstances which render inaccurate |
19 | | information
on which the assessment is based. If the changes |
20 | | requested in a parental
appeal are granted, the Department may |
21 | | modify its assessment retroactively
to the appropriate date |
22 | | and adjust any amount in arrears accordingly.
|
23 | | (Source: P.A. 83-1037.)
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24 | | (20 ILCS 505/17) (from Ch. 23, par. 5017)
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1 | | Sec. 17. Youth and Community Services Program. The |
2 | | Department of Human
Services shall
develop a State program for |
3 | | youth and community services which will
assure that youth who |
4 | | come into contact or may come into contact with the child
|
5 | | welfare and the juvenile justice systems will have access to |
6 | | needed community,
prevention, diversion, emergency and |
7 | | independent living services. The term
"youth" means a person |
8 | | under the age of 19 years. The term "homeless youth"
means a |
9 | | youth who cannot be reunited with the youth's his or her family |
10 | | and is not in a
safe and stable living situation. This Section |
11 | | shall not be construed to
require the Department of Human |
12 | | Services to provide services under this
Section to any |
13 | | homeless youth who is at least 18 years of age but is younger
|
14 | | than 19 years of age; however, the Department may, in its |
15 | | discretion, provide
services under this Section to any such |
16 | | homeless youth.
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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 |
10 | | be
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.
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26 | | (Source: P.A. 89-507, eff. 7-1-97.)
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1 | | (20 ILCS 505/21) (from Ch. 23, par. 5021)
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2 | | Sec. 21. Investigative powers; training.
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3 | | (a) To make such investigations as it may deem necessary |
4 | | to the
performance of its duties.
|
5 | | (b) In the course of any such investigation any
qualified |
6 | | person authorized by the Director may administer oaths and |
7 | | secure
by its subpoena both the attendance and testimony of |
8 | | witnesses and the
production of books and papers relevant to |
9 | | such investigation. Any person
who is served with a subpoena |
10 | | by the Department to appear and testify or to
produce books and |
11 | | papers, in the course of an investigation authorized by
law, |
12 | | and who refuses or neglects to appear, or to testify, or to |
13 | | produce
books and papers relevant to such investigation, as |
14 | | commanded in such
subpoena, shall be guilty of a Class B |
15 | | misdemeanor. The fees of witnesses
for attendance and travel |
16 | | shall be the same as the fees of witnesses before
the circuit |
17 | | courts of this State. Any circuit court of this State, upon
|
18 | | application of the person requesting the hearing or the |
19 | | Department, may
compel the attendance of witnesses, the
|
20 | | production of books and papers, and giving of testimony
before |
21 | | the Department or before any authorized officer or employee |
22 | | thereof,
by an attachment for contempt or otherwise, in the |
23 | | same manner as
production of evidence may be compelled before |
24 | | such court. Every person
who, having taken an oath or made |
25 | | affirmation before the Department or any
authorized officer or |
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1 | | employee thereof, shall willfully swear or affirm
falsely, |
2 | | shall be guilty of perjury and upon conviction shall be |
3 | | punished
accordingly.
|
4 | | (c) Investigations initiated under this Section shall |
5 | | provide
individuals due process of law, including the right to |
6 | | a hearing, to
cross-examine witnesses, to obtain relevant |
7 | | documents, and to present
evidence. Administrative findings |
8 | | shall be subject to the provisions of the
Administrative |
9 | | Review Law.
|
10 | | (d) Beginning July 1, 1988, any child protective |
11 | | investigator or
supervisor or child welfare specialist or |
12 | | supervisor employed by the
Department on the
effective date of |
13 | | this amendatory Act of 1987
shall have completed a training |
14 | | program which shall be instituted by the
Department. The
|
15 | | training program shall include, but not be limited to, the |
16 | | following: (1)
training in the detection of symptoms of child |
17 | | neglect and drug abuse; (2)
specialized training for dealing |
18 | | with families and children of drug
abusers; and (3) specific |
19 | | training in child development, family dynamics
and interview |
20 | | techniques. Such program shall conform to the criteria and
|
21 | | curriculum developed under Section 4 of the Child Protective |
22 | | Investigator
and Child Welfare Specialist Certification
Act of |
23 | | 1987. Failure to complete such training due to lack of
|
24 | | opportunity provided by the Department shall in no way be |
25 | | grounds for any
disciplinary or other action against an |
26 | | investigator or a specialist.
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1 | | The Department shall develop a continuous inservice staff |
2 | | development
program and evaluation system. Each child |
3 | | protective investigator and
supervisor and child welfare |
4 | | specialist and supervisor shall participate in
such program |
5 | | and evaluation and shall complete a minimum of 20 hours of
|
6 | | inservice education and training every 2 years in order to |
7 | | maintain certification.
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8 | | Any child protective investigator or child protective |
9 | | supervisor,
or child welfare specialist or child welfare |
10 | | specialist supervisor
hired by
the Department who begins his
|
11 | | actual
employment after the effective date of this amendatory |
12 | | Act of 1987, shall
be certified
pursuant
to the Child |
13 | | Protective Investigator and Child Welfare Specialist
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14 | | Certification Act of 1987 before beginning he
begins such |
15 | | employment. Nothing in this Act shall replace or diminish the
|
16 | | rights of employees under the Illinois Public Labor Relations |
17 | | Act, as
amended, or the National Labor Relations Act. In the |
18 | | event of any conflict
between either of those Acts, or any |
19 | | collective
bargaining agreement negotiated thereunder, and the |
20 | | provisions of subsections
(d) and (e), the former shall |
21 | | prevail and control.
|
22 | | (e) The Department shall develop and implement the |
23 | | following:
|
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
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2 | | proficiency in
application of the protocol.
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3 | | (4) An evaluation of the reliability and
validity of |
4 | | the protocol.
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5 | | All child protective investigators and supervisors
and child |
6 | | welfare specialists and supervisors employed by the Department |
7 | | or its
contractors shall be required, subsequent to the |
8 | | availability of training under
this Act, to demonstrate |
9 | | proficiency in application of the protocol previous to
being |
10 | | permitted to make decisions about the degree of risk posed to |
11 | | children
for whom they are responsible. The Department shall |
12 | | establish a
multi-disciplinary advisory committee
appointed by |
13 | | the Director, including but not limited to representatives |
14 | | from
the fields of child development, domestic violence, |
15 | | family systems, juvenile
justice, law enforcement, health |
16 | | care, mental health, substance abuse, and
social service to |
17 | | advise the Department and its related contractors in the
|
18 | | development and implementation of the child
endangerment risk |
19 | | assessment protocol, related training, method for
|
20 | | demonstration of proficiency in application of the protocol, |
21 | | and evaluation of
the reliability and validity of the |
22 | | protocol. The Department shall develop the
protocol, training |
23 | | curriculum, method for demonstration of proficiency in
|
24 | | application of the protocol and method for evaluation of the |
25 | | reliability and
validity of the protocol by July 1, 1995. |
26 | | Training and demonstration of
proficiency in application of |
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1 | | the child endangerment risk assessment protocol
for all child |
2 | | protective investigators and supervisors and child welfare
|
3 | | specialists and
supervisors
shall be completed
as soon as |
4 | | practicable, but no later than January 1, 1996. The Department
|
5 | | shall submit
to
the General Assembly on or before May 1, 1996, |
6 | | and every year thereafter, an
annual report on the evaluation |
7 | | of the reliability and validity of the child
endangerment risk |
8 | | assessment protocol. The Department shall contract with a
not |
9 | | for profit organization with demonstrated expertise in the |
10 | | field of child
endangerment risk assessment to assist in the |
11 | | development and implementation of
the child endangerment risk |
12 | | assessment protocol, related training, method for
|
13 | | demonstration of proficiency in application of the protocol, |
14 | | and evaluation of
the reliability and validity of the |
15 | | protocol.
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16 | | (f) The Department shall provide each parent or guardian |
17 | | and responsible adult caregiver participating in a safety plan |
18 | | a copy of the written safety plan as signed by each parent or |
19 | | guardian and responsible adult caregiver and by a |
20 | | representative of the Department. The Department shall also |
21 | | provide each parent or guardian and responsible adult |
22 | | caregiver safety plan information on their rights and |
23 | | responsibilities that shall include, but need not be limited |
24 | | to, information on how to obtain medical care, emergency phone |
25 | | numbers, and information on how to notify schools or day care |
26 | | providers as appropriate. The Department's representative |
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1 | | shall ensure that the safety plan is reviewed and approved by |
2 | | the child protection supervisor. |
3 | | (Source: P.A. 98-830, eff. 1-1-15 .)
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4 | | (20 ILCS 505/35.5)
|
5 | | Sec. 35.5. Inspector General.
|
6 | | (a) The Governor shall appoint, and the Senate shall |
7 | | confirm, an Inspector
General who shall
have the authority to |
8 | | conduct investigations into allegations of or incidents
of |
9 | | possible misconduct, misfeasance, malfeasance, or violations |
10 | | of rules,
procedures, or laws by any employee, foster parent, |
11 | | service provider, or
contractor of the Department of Children |
12 | | and Family Services, except for allegations of violations of |
13 | | the State Officials and Employees Ethics Act which shall be |
14 | | referred to the Office of the Governor's Executive Inspector |
15 | | General for investigation. The Inspector
General shall make |
16 | | recommendations
to the Director of Children and Family |
17 | | Services concerning sanctions or
disciplinary actions against |
18 | | Department
employees or providers of service under contract to |
19 | | the Department. The Director of Children and Family Services |
20 | | shall provide the Inspector General with an implementation |
21 | | report on the status of any corrective actions taken on |
22 | | recommendations under review and shall continue sending |
23 | | updated reports until the corrective action is completed. The |
24 | | Director shall provide a written response to the Inspector |
25 | | General indicating the status of any sanctions or disciplinary |
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1 | | actions against employees or providers of service involving |
2 | | any investigation subject to review. In any case, information |
3 | | included in the reports to the Inspector General and |
4 | | Department responses shall be subject to the public disclosure |
5 | | requirements of the Abused and Neglected Child Reporting Act.
|
6 | | Any
investigation
conducted by the Inspector General shall be |
7 | | independent and separate from the
investigation mandated by |
8 | | the Abused and Neglected Child Reporting Act. The
Inspector |
9 | | General shall be appointed for a term of 4 years. The Inspector
|
10 | | General shall function independently within the Department of |
11 | | Children and Family Services with respect to the operations of |
12 | | the Office of Inspector General, including the performance of |
13 | | investigations and issuance of findings and recommendations, |
14 | | and shall
report to the Director of Children and Family |
15 | | Services and the Governor and
perform other
duties the |
16 | | Director may designate. The Inspector General shall adopt |
17 | | rules
as necessary to carry out the
functions, purposes, and |
18 | | duties of the office of Inspector General in the
Department of |
19 | | Children and Family Services, in accordance with the Illinois
|
20 | | Administrative Procedure Act and any other applicable law.
|
21 | | (b) The Inspector
General shall have access to all |
22 | | information and personnel necessary to perform
the duties of |
23 | | the office. To minimize duplication of efforts, and to assure
|
24 | | consistency and conformance with the requirements and |
25 | | procedures established in
the B.H. v. Suter consent decree and |
26 | | to share resources
when appropriate, the Inspector General |
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1 | | shall coordinate the Inspector General's his or her
activities |
2 | | with the Bureau of Quality Assurance within the Department.
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3 | | (c) The Inspector General shall be the primary liaison |
4 | | between the
Department and the Illinois State Police with |
5 | | regard to investigations
conducted under the Inspector |
6 | | General's auspices.
If the Inspector General determines that a |
7 | | possible criminal act
has been committed,
or that special |
8 | | expertise is required in the investigation, the Inspector |
9 | | General he or she shall
immediately notify the Illinois State |
10 | | Police.
All investigations conducted by the Inspector General |
11 | | shall be
conducted in a manner designed to ensure the |
12 | | preservation of evidence for
possible use in a criminal |
13 | | prosecution.
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14 | | (d) The Inspector General may recommend to the Department |
15 | | of Children and
Family Services, the Department of Public |
16 | | Health, or any other appropriate
agency, sanctions to be |
17 | | imposed against service providers under the
jurisdiction of or |
18 | | under contract with the Department for the protection of
|
19 | | children in the custody or under the guardianship of the |
20 | | Department who
received services from those providers. The |
21 | | Inspector General may seek the
assistance of the Attorney |
22 | | General or any of the several State's Attorneys in
imposing |
23 | | sanctions.
|
24 | | (e) The Inspector General shall at all times be granted |
25 | | access to any foster
home, facility, or program operated for |
26 | | or licensed or funded by the
Department.
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1 | | (f) Nothing in this Section shall limit investigations by |
2 | | the Department of
Children and Family Services that may |
3 | | otherwise be required by law or that may
be necessary in that |
4 | | Department's capacity as the central administrative
authority |
5 | | for child welfare.
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6 | | (g) The Inspector General shall have the power to subpoena |
7 | | witnesses and
compel the production of books and papers |
8 | | pertinent to an investigation
authorized by this Act. The |
9 | | power to subpoena or to compel the
production of books and |
10 | | papers, however, shall not extend to the person or
documents |
11 | | of a
labor organization or its representatives insofar as the |
12 | | person or documents of
a labor organization relate to the |
13 | | function of representing an employee subject
to investigation |
14 | | under this Act. Any person who fails to appear in response to
a |
15 | | subpoena or to answer any question or produce any books or |
16 | | papers pertinent
to an investigation under this Act, except as |
17 | | otherwise provided in this
Section, or who knowingly gives |
18 | | false testimony in relation to an investigation
under this Act |
19 | | is guilty of a Class A misdemeanor.
|
20 | | (h) The Inspector General shall provide to the General |
21 | | Assembly and the
Governor, no later than January 1 of each |
22 | | year, a summary of reports and
investigations made under this |
23 | | Section for the prior fiscal year. The
summaries shall detail |
24 | | the imposition of sanctions and the final disposition
of those |
25 | | recommendations. The summaries shall not contain any |
26 | | confidential or
identifying information concerning the |
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1 | | subjects of the reports and
investigations. The summaries also |
2 | | shall include detailed recommended
administrative actions and |
3 | | matters 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 |
8 | | number for any
person, whether or not mandated by law, to |
9 | | report to the Inspector General
of
the Department, suspected |
10 | | misconduct, malfeasance, misfeasance, or violations
of rules, |
11 | | procedures, or laws by Department employees, service |
12 | | providers, or
contractors that is detrimental to the best |
13 | | interest of children receiving
care, services, or training |
14 | | from or who were committed to the Department as
allowed under |
15 | | Section 5 of this Act. Immediately upon receipt of a telephone
|
16 | | call regarding suspected abuse or neglect of children, the |
17 | | Inspector General
shall refer the call to the Child Abuse and |
18 | | Neglect Hotline or to the Illinois State
Police as mandated by |
19 | | the Abused and Neglected Child Reporting Act and Section
35.5 |
20 | | of this Act. A mandated reporter shall not be relieved of the |
21 | | mandated reporter's his or her duty
to report incidents to the |
22 | | Child Abuse and Neglect Hotline referred to in this
|
23 | | subsection. The Inspector General shall also establish rules |
24 | | and procedures
for evaluating reports of suspected misconduct |
25 | | and violation of rules and for
conducting an investigation of |
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1 | | such reports.
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2 | | (b) The Inspector General shall prepare and maintain |
3 | | written records from
the reporting source that shall contain |
4 | | the following information to the extent
known at the time the |
5 | | report is made: (1) the names and addresses of the child
and |
6 | | the person responsible for the child's welfare; (2) the nature |
7 | | of the
misconduct and the detriment cause to the child's best |
8 | | interest; (3) the names
of the persons or agencies responsible |
9 | | for the alleged misconduct. Any
investigation conducted by the |
10 | | Inspector General pursuant to such information
shall not |
11 | | duplicate and shall be separate from the investigation |
12 | | mandated by
the Abused and Neglected Child Reporting Act. |
13 | | However, the Inspector General
may include the results of such |
14 | | investigation in reports compiled under this
Section. At the |
15 | | request of the reporting agent, the Inspector General shall
|
16 | | keep the identity of the reporting agent strictly confidential |
17 | | from the
operation of the Department, until the Inspector |
18 | | General shall determine what
recommendations shall be made |
19 | | with regard to discipline or sanction of the
Department |
20 | | employee, service provider, or contractor, with the exception |
21 | | of
suspected child abuse or neglect which shall be handled |
22 | | consistent with the
Abused and Neglected Child Reporting Act |
23 | | and Section 35.5 of this Act. The
Department shall take |
24 | | whatever steps are necessary to assure that a person
making a |
25 | | report in good faith under this Section is not adversely |
26 | | affected
solely on the basis of having made such report.
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1 | | (Source: P.A. 102-538, eff. 8-20-21.)
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2 | | (20 ILCS 505/35.9) |
3 | | Sec. 35.9. Visitation privileges; grandparents and |
4 | | great-grandparents. |
5 | | (a) The Department shall make reasonable efforts and |
6 | | accommodations to provide for visitation privileges to a |
7 | | non-custodial grandparent or great-grandparent of a child who |
8 | | is in the care and custody of the Department. Any visitation |
9 | | privileges provided under this Section shall be separate and |
10 | | apart from any visitation privileges provided to a parent of |
11 | | the child. The Department shall provide visitation privileges |
12 | | only if doing so is in the child's best interest, taking into |
13 | | consideration the factors set out in subsection (4.05) of |
14 | | Section 1-3 of the Juvenile Court Act of 1987 and the following |
15 | | additional 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
|
4 | | shall automatically terminate upon the child leaving the care |
5 | | or custody of the Department. |
6 | | (c) The Department may deny a request for visitation after |
7 | | considering the criteria provided under subsection (a) in |
8 | | addition to any other criteria the Department deems necessary. |
9 | | If the Department determines that a grandparent or |
10 | | great-grandparent is inappropriate to serve as a visitation |
11 | | resource and denies visitation, the Department shall: (i) |
12 | | document the basis of its determination and maintain the |
13 | | documentation in the child's case file and (ii) inform the |
14 | | grandparent or great-grandparent of the grandparent's or |
15 | | great-grandparent's his or her right to a clinical review in |
16 | | accordance with Department rules and procedures. The |
17 | | Department may adopt any rules necessary to implement this |
18 | | Section.
|
19 | | (Source: P.A. 99-838, eff. 1-1-17 .)
|
20 | | Section 10. The Department of Children and Family Services |
21 | | Powers Law of the
Civil Administrative Code of Illinois is |
22 | | amended 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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1 | | Department has the
power to initiate injunction proceedings |
2 | | whenever
it appears to the
Director of Children and Family |
3 | | Services that any person, group of persons,
or corporation is |
4 | | engaged or about to engage in any acts or practices that
|
5 | | constitute or will constitute a violation of the Child Care |
6 | | Act of
1969 or any rule or regulation prescribed
under the |
7 | | authority of that Act. The Director of Children
and Family |
8 | | Services may,
in the Director's his or her discretion, through |
9 | | the Attorney
General apply for an injunction to enforce the |
10 | | Act, rule, or regulation. Upon a proper showing, any circuit
|
11 | | court may enter a permanent or preliminary
injunction or a |
12 | | temporary restraining order
without bond to enforce the Act, |
13 | | rule, or regulation in
addition to the penalties and other
|
14 | | remedies provided in the Act, rule, or regulation. Appeals
may |
15 | | be 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 |
18 | | changing 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 |
22 | | subregion which
has
primary case management responsibility. |
23 | | The 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 |
12 | | other sudden,
unexpected, or unexplained child deaths, cases |
13 | | of serious or fatal injuries to a child identified under the |
14 | | Children's
Advocacy Center Act, and all unfounded child death |
15 | | cases.
|
16 | | (b) A child death review team's purpose in conducting |
17 | | reviews 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 |
8 | | soon as
practical and not later than
90 days following
the
|
9 | | completion by the Department of the investigation of the death |
10 | | under the
Abused and Neglected Child Reporting Act. When there |
11 | | has been no investigation
by the Department, the child death |
12 | | review team shall review a child's death
within 90 days after |
13 | | obtaining the information necessary to complete the review
|
14 | | from the coroner, pathologist, medical examiner, or law |
15 | | enforcement agency,
depending on the nature of the case. A |
16 | | child death
review
team shall meet at
least once in
each |
17 | | calendar quarter.
|
18 | | (d) The Director shall, within 90 days, review and reply |
19 | | to recommendations
made by a team under
item (5) of
subsection |
20 | | (b). With respect to each recommendation made by a team, the |
21 | | Director shall submit the Director's his or her reply both to |
22 | | the chairperson of that team and to the chairperson of the |
23 | | Executive Council. The Director's reply to each recommendation |
24 | | must include a statement as to whether the Director intends to |
25 | | implement the recommendation. The Director shall meet in |
26 | | person with the Executive Council at least every 60 days to |
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1 | | discuss recommendations and the Department's responses. |
2 | | The Director shall implement recommendations as feasible |
3 | | and
appropriate and shall respond in writing to explain the |
4 | | implementation or
nonimplementation of the recommendations. |
5 | | (e) Within 90 days after the Director submits a reply with |
6 | | respect to a recommendation as required by subsection (d), the |
7 | | Director must submit an additional report that sets forth in |
8 | | detail the way, if any, in which the Director will implement |
9 | | the recommendation and the schedule for implementing the |
10 | | recommendation. The Director shall submit this report to the |
11 | | chairperson of the team that made the recommendation and to |
12 | | the chairperson of the Executive Council. |
13 | | (f) Within 180 days after the Director submits a report |
14 | | under subsection (e) concerning the implementation of a |
15 | | recommendation, the Director shall submit a further report to |
16 | | the chairperson of the team that made the recommendation and |
17 | | to the chairperson of the Executive Council. This report shall |
18 | | set forth the specific changes in the Department's policies |
19 | | and procedures that have been made in response to the |
20 | | recommendation.
|
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 |
23 | | Sections 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 |
2 | | essential
service
for children and their families who have |
3 | | been separated due to the tragedy of
child abuse, neglect, or |
4 | | dependency. When children have been separated from
their |
5 | | families, it is the responsibility of the child welfare team |
6 | | to respond
to the needs of the children and their families by |
7 | | means including (i)
providing protection and nurture to |
8 | | children in a safe, healthy environment;
(ii) meeting the |
9 | | developmental and emotional needs of the children, including
|
10 | | maintaining and promoting a child's emotional attachment to a |
11 | | child's his or her own
family; (iii) protecting and promoting |
12 | | the child's cultural identity and
heritage; and (iv) working |
13 | | toward permanency for children by connecting them to
safe, |
14 | | nurturing relationships intended to last a lifetime, |
15 | | preferably with
their own family.
|
16 | | Foster parents are an essential part of and fulfill an |
17 | | integral role on the
child welfare team along with children in |
18 | | care who are old enough to
participate in planning and |
19 | | services, parents of children in care, caseworkers,
and other |
20 | | professionals serving the child and family. By providing care |
21 | | for
children and supporting the attachment of children to |
22 | | their families in a
manner sensitive to each child's and |
23 | | family's unique needs, the foster parent
serves the child, the |
24 | | family, and the community.
|
25 | | In order to successfully fulfill their role on the |
26 | | professional child welfare
team, foster parents must be |
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1 | | committed to the goal of the child welfare program
and must |
2 | | provide care to children and promote the best interests of the
|
3 | | children and
families served. In order to achieve this goal, |
4 | | foster parents must understand
and be sensitive to issues of |
5 | | culture, ethnicity, religion, and children's
connectedness |
6 | | with their families and must maintain a level of care, |
7 | | conduct,
and
demeanor that is consistent with the high |
8 | | professional ethics demanded of all
other members of the child |
9 | | welfare team.
|
10 | | The General Assembly finds that there is a need to |
11 | | establish public policy
regarding the
role of foster parents. |
12 | | The General Assembly establishes this statement of
foster |
13 | | parents' rights
and responsibilities, which shall apply to all |
14 | | foster parents in the State of
Illinois, whether supervised by |
15 | | the Department of Children and Family Services
or by another |
16 | | agency under contract to the Department of Children and Family
|
17 | | Services 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 |
21 | | include, 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 |
23 | | parent's
responsibilities include, but are not limited to, the |
24 | | following:
|
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 |
8 | | amended by changing Section 5 as follows: |
9 | | (20 ILCS 521/5) |
10 | | Sec. 5. Foster Children's Bill of Rights. It is the policy |
11 | | of this State that every child and
adult in the care of the |
12 | | Department of Children and Family Services who is placed in |
13 | | foster 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 |
9 | | is 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 |
13 | | consist 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 |
11 | | administrative regions shall
make recommendations of foster |
12 | | parents for appointment as members to
the Director. The
|
13 | | recommendations of the Regional Administrator shall be based |
14 | | upon consultation
by the Regional Administrator with organized |
15 | | foster parent groups and
Department staff.
|
16 | | All appointments to the Council shall be made in writing |
17 | | by the
Director. In soliciting and making appointments, the |
18 | | Director
shall make all reasonable efforts to ensure the |
19 | | membership of the Council is
culturally diverse and |
20 | | representative and also geographically representative of
the |
21 | | Department's administrative regions.
|
22 | | (b) Each member shall be appointed for a term of 3 years. |
23 | | No member shall
be appointed to more than 2 terms, except the |
24 | | President of the Illinois Foster
Parent Association and the |
25 | | President of the Cook County Foster Parent
Association may |
26 | | serve as long as the member he or she holds office. Members |
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1 | | shall
continue to serve until their successors are appointed. |
2 | | The terms of original
members and of members subsequently |
3 | | appointed to fill vacancies created by a
change in the number |
4 | | of the Council's members shall be determined to assure as
|
5 | | nearly as
possible that the terms of one-third of the members |
6 | | in each sector expire each
year on June 30th. The original |
7 | | members in each sector shall determine by lot
the length of |
8 | | each member's term, one-third to be for 3 years,
one-third to |
9 | | be for 2 years, and one-third to be for one year, and
the |
10 | | Council's secretary shall record the results. Thereafter, any |
11 | | member
appointed to fill a vacancy other than one created by |
12 | | the expiration of a
regular 3 year term shall be appointed for |
13 | | the unexpired term of the
predecessor member, or in the case of |
14 | | new memberships created by change in
number of members, for |
15 | | such term as is appropriate under this subsection.
|
16 | | (c) Members of the Advisory Council shall serve without |
17 | | compensation, except
that the Department shall reimburse |
18 | | members for travel and per diem expenses
associated with |
19 | | participation in Advisory Council meetings and activities.
|
20 | | Reimbursement shall be consistent with Illinois Department of |
21 | | Central
Management Services rules, as approved by the |
22 | | Governor's Travel Control Board.
|
23 | | (Source: P.A. 89-19, eff. 6-3-95.)
|
24 | | Section 35. The Department of Children and Family Services |
25 | | Statewide Youth Advisory Board Act is amended by changing |
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1 | | Section 15 as follows: |
2 | | (20 ILCS 527/15)
|
3 | | Sec. 15. Meetings. |
4 | | (a) Regular meetings of the regional youth advisory boards |
5 | | shall be held monthly. |
6 | | (b) Regular meetings of the Statewide Youth Advisory Board |
7 | | shall be held at least 5 times per year. |
8 | | (c) The Director of the Department or the Director's his |
9 | | or her designee shall meet with the Statewide Youth Advisory |
10 | | Board at least quarterly in order to discuss the issues and |
11 | | concerns of youth in foster care. |
12 | | (d) All meetings shall take place at locations, dates, and |
13 | | times determined by the Department or its designee in |
14 | | accordance with the bylaws for the Statewide Youth Advisory |
15 | | Board 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 |
18 | | amended 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 |
22 | | and who is the
subject
of an adoption assistance agreement |
23 | | with another state shall be eligible for
medical assistance |
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1 | | from this State under Article V of
the Illinois Public Aid Code |
2 | | upon the filing of agreed documentation obtained
from the |
3 | | assistance state and filed with the Department of Healthcare |
4 | | and Family Services.
The Department of Children and Family |
5 | | Services
shall be required at least annually to establish that |
6 | | the agreement
is still in force or has been renewed.
|
7 | | (b) If a child (i) is in another state, (ii) is covered by |
8 | | an adoption
assistance agreement made by the Illinois |
9 | | Department of Children and Family
Services, and (iii) was |
10 | | eligible for medical assistance under Article V of the
|
11 | | Illinois Public Aid Code at the time the child he or she |
12 | | resided in this State and would
continue to be eligible for |
13 | | that
assistance if the child he or she was currently residing |
14 | | in this State, then that child
is eligible for medical |
15 | | assistance under Article V of the Illinois Public Aid
Code, |
16 | | but only for those medical assistance benefits under Article V |
17 | | that are
not provided by the other state.
There
shall be no
|
18 | | payment or reimbursement by this State for
services or |
19 | | benefits covered under any insurance or other third party
|
20 | | medical contract or arrangement held by the child or the |
21 | | adoptive parents.
|
22 | | (c) The submission of any claim for payment or |
23 | | reimbursement for services or
benefits pursuant to this |
24 | | Section or the making of any statement in connection
|
25 | | therewith, which claim or statement the maker knows or should |
26 | | know to be false,
misleading, or fraudulent, shall be |
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1 | | punishable as perjury and shall also be
subject to a fine not |
2 | | to exceed $10,000 or imprisonment for not to exceed 2
years, or |
3 | | both.
|
4 | | (d) The provisions of this Section shall apply only to |
5 | | medical assistance
for children under adoption assistance |
6 | | agreements from states that have entered
into a compact with |
7 | | this State under which the other state provided medical
|
8 | | assistance to children with special needs under adoption |
9 | | assistance agreements
made by this State.
|
10 | | (e) The Illinois Department of Children and Family |
11 | | Services and the Department of Healthcare and Family Services |
12 | | may 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 |
15 | | changing Sections 2.24, 3.3, 4.1, 4.2, 5.1, 5.3, 7, 7.2, 7.3, |
16 | | 7.4, 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 |
19 | | the following services performed for any type of compensation |
20 | | or thing of value, directly or indirectly: (i) arranging for |
21 | | the placement of or placing out a child, (ii) identifying a |
22 | | child for adoption, (iii) matching adoptive parents with birth |
23 | | biological parents, (iv) arranging or facilitating an |
24 | | adoption, (v) taking or acknowledging consents or surrenders |
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1 | | for termination of parental rights for purposes of adoption, |
2 | | as defined in the Adoption Act, (vi) performing background |
3 | | studies on a child or adoptive parents, (vii) making |
4 | | determinations of the best interests of a child and the |
5 | | appropriateness of adoptive placement for the child, or (viii) |
6 | | post-placement monitoring of a child prior to adoption. |
7 | | "Adoption services" does not include the following: (1) the |
8 | | provision of legal services by a licensed attorney for which |
9 | | the attorney must be licensed as an attorney under Illinois |
10 | | law, (2) adoption-related services performed by public |
11 | | governmental entities or entities or persons performing |
12 | | investigations by court appointment as described in subsection |
13 | | A of Section 6 of the Adoption Act, (3) prospective birth |
14 | | biological parents or adoptive parents operating on their own |
15 | | behalf,
(4) the provision of general education and training on |
16 | | adoption-related topics, or (5) post-adoption services, |
17 | | including supportive services to families to promote the |
18 | | well-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 |
22 | | adoption-only homes. In approving an adoption-only home |
23 | | pursuant to Section 3.2 of this Act, if an adult resident has |
24 | | an arrest or conviction record, the licensed child welfare |
25 | | agency: |
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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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1 | | Department shall
require that each child care facility license |
2 | | applicant as part of the
application process, and each |
3 | | employee and volunteer of a child care facility or |
4 | | non-licensed service provider, as a
condition of employment, |
5 | | authorize an investigation to determine if such
applicant, |
6 | | employee, or volunteer has ever been charged with a crime and |
7 | | if so, the
disposition of those charges; this authorization |
8 | | shall indicate the scope of
the inquiry and the agencies which |
9 | | may be contacted. Upon this
authorization, the Director shall |
10 | | request and receive information and
assistance from any |
11 | | federal, State or local governmental agency as part of
the |
12 | | authorized investigation.
Each applicant, employee, or |
13 | | volunteer of a child care facility or non-licensed service |
14 | | provider shall submit the applicant's, employee's, or |
15 | | volunteer's his or her fingerprints to the Illinois State |
16 | | Police in the form and manner prescribed by the Illinois State |
17 | | Police. These fingerprints shall be checked against the |
18 | | fingerprint records
now and hereafter filed in the Illinois |
19 | | State Police and Federal Bureau of Investigation criminal |
20 | | history records
databases. The Illinois State Police shall |
21 | | charge
a fee for conducting the criminal history records |
22 | | check, which shall be
deposited in the State Police Services |
23 | | Fund and shall not exceed the actual
cost of the records check.
|
24 | | The Illinois State Police shall provide
information concerning |
25 | | any criminal charges, and their disposition, now or
hereafter |
26 | | filed, against an applicant, employee, or volunteer of a child |
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1 | | care facility or non-licensed service provider upon
request of |
2 | | the Department of Children and Family Services when the |
3 | | request
is made in the form and manner required by the Illinois |
4 | | State Police.
|
5 | | Information concerning convictions of a license applicant, |
6 | | employee, or volunteer of a child care facility or |
7 | | non-licensed service provider investigated
under this Section, |
8 | | including the source of the information and any
conclusions or |
9 | | recommendations derived from the information, shall be
|
10 | | provided, upon request, to such applicant, employee, or |
11 | | volunteer of a child care facility or non-licensed service |
12 | | provider prior to final action by the
Department on the |
13 | | application.
State
conviction information provided by the |
14 | | Illinois State Police regarding
employees,
prospective |
15 | | employees, or volunteers of non-licensed service providers and |
16 | | child care facilities licensed under this Act
shall be |
17 | | provided to the operator of such facility, and, upon request, |
18 | | to
the employee, prospective employee, or volunteer of a child |
19 | | care facility or non-licensed service provider. Any |
20 | | information concerning criminal
charges and the disposition of |
21 | | such charges obtained by the Department
shall be confidential |
22 | | and may not be transmitted outside the Department,
except as |
23 | | required herein, and may not be transmitted to anyone within |
24 | | the
Department except as needed for the purpose of evaluating |
25 | | an application or an
employee or volunteer of a child care |
26 | | facility or non-licensed service provider. Only information |
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1 | | and standards which bear a
reasonable and rational relation to |
2 | | the performance of a child care
facility shall be used by the |
3 | | Department or any licensee. Any employee of
the Department of |
4 | | Children and Family Services, Illinois State Police,
or a |
5 | | child care facility receiving confidential information under |
6 | | this
Section who gives or causes to be given any confidential |
7 | | information
concerning any criminal convictions of an |
8 | | applicant, employee, or volunteer of a child care facility or |
9 | | non-licensed service provider, shall be guilty of a Class A |
10 | | misdemeanor
unless release of such information is authorized |
11 | | by this Section.
|
12 | | A child care facility may hire, on a probationary basis, |
13 | | any employee or volunteer of a child care facility or |
14 | | non-licensed service provider
authorizing a criminal |
15 | | background investigation under this Section, pending
the |
16 | | result of such investigation. Employees and volunteers of a |
17 | | child care facility or non-licensed service provider shall be |
18 | | notified prior to
hiring that such employment may be |
19 | | terminated on the basis of criminal
background information |
20 | | obtained 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 |
24 | | Department and
no person may be employed by a licensed child |
25 | | care facility who refuses to
authorize an investigation as |
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1 | | required by Section 4.1.
|
2 | | (b) In addition to the other provisions of this Section, |
3 | | no applicant
may
receive a license from the Department and no |
4 | | person
may be employed by a child care facility licensed by the |
5 | | Department who has
been declared a sexually dangerous person |
6 | | under the Sexually Dangerous Persons Act "An Act in relation |
7 | | to
sexually dangerous persons, and providing for their |
8 | | commitment, detention
and supervision", approved July 6, 1938, |
9 | | as amended , or convicted of
committing or attempting to commit |
10 | | any of the following offenses stipulated
under the Criminal |
11 | | Code 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, |
15 | | beginning
January 1, 2004, no new applicant and, on the date of
|
16 | | licensure renewal, no current licensee may operate or receive |
17 | | a license from
the
Department to operate, no person may be |
18 | | employed by, and no adult person may
reside in a child care |
19 | | facility licensed by the Department who has been
convicted of |
20 | | committing or attempting to commit any of the following |
21 | | offenses
or an offense in any other jurisdiction the elements |
22 | | of which are similar and
bear a substantial relationship to |
23 | | any 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 |
10 | | Section, for applicants with access to confidential financial |
11 | | information or who submit documentation to support billing, |
12 | | the Department may, in its discretion, deny or refuse to renew |
13 | | a license to an applicant who has been convicted of committing |
14 | | or 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 |
14 | | make an exception and, for child care facilities other than |
15 | | foster family homes,
issue a new child care facility license |
16 | | to or renew the
existing child care facility license of an |
17 | | applicant, a person employed by a
child care facility, or an |
18 | | applicant who has an adult residing in a home child
care |
19 | | facility who was convicted of an offense described in |
20 | | subsection (b-1),
provided that all of the following |
21 | | requirements 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, |
13 | | no
applicant may receive a license from the Department to |
14 | | operate a foster family
home, and no adult person may reside in |
15 | | a foster family home licensed by the
Department, who has been |
16 | | convicted of committing or attempting to commit any of
the |
17 | | following offenses stipulated under the Criminal Code of 1961, |
18 | | the Criminal Code of 2012, the Cannabis
Control Act, the |
19 | | Methamphetamine Control and Community Protection Act, and the |
20 | | Illinois 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 |
2 | | make an exception and issue a new foster
family home license or |
3 | | may renew an existing
foster family home license of an |
4 | | applicant who was convicted of an offense
described in |
5 | | subsection (c), provided all of the following requirements are
|
6 | | met:
|
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 |
2 | | relevant documents to determine whether the applicant, despite |
3 | | the disqualifying convictions, poses a substantial risk to |
4 | | State resources or clients. In making such a determination, |
5 | | the 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 |
3 | | center, group
home or child care institution as defined in |
4 | | this Act shall on a regular
basis transport a child or children |
5 | | with any motor vehicle unless such
vehicle is operated by a |
6 | | person 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 |
2 | | institutions
may provide for transportation of a child or |
3 | | children for special outings,
functions or purposes that are |
4 | | not scheduled on a regular basis without
verification that |
5 | | drivers for such purposes meet the requirements of this
|
6 | | Section.
|
7 | | (a-5) As a means of ensuring compliance with the |
8 | | requirements set forth in subsection (a), the Department shall |
9 | | implement appropriate measures to verify that every individual |
10 | | who is employed at a group home or child care institution meets |
11 | | those requirements. |
12 | | For every person individual employed at a group home or |
13 | | child care institution who regularly transports children in |
14 | | the course of performing the person's his or her duties, the |
15 | | Department must make the verification every 2 years. Upon the |
16 | | Department's request, the Secretary of State shall provide the |
17 | | Department with the information necessary to enable the |
18 | | Department to make the verifications required under subsection |
19 | | (a). |
20 | | In the case of an individual employed at a group home or |
21 | | child care institution who becomes subject to subsection (a) |
22 | | for the first time after the effective date of this amendatory |
23 | | Act of the 94th General Assembly, the Department must make |
24 | | that verification with the Secretary of State before the |
25 | | individual operates a motor vehicle to transport a child or |
26 | | children under the circumstances described in subsection (a). |
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1 | | In the case of an individual employed at a group home or |
2 | | child care institution who is subject to subsection (a) on the |
3 | | effective date of this amendatory Act of the 94th General |
4 | | Assembly, the Department must make that verification with the |
5 | | Secretary of State within 30 days after that effective date. |
6 | | If the Department discovers that an individual fails to |
7 | | meet the requirements set forth in subsection (a), the |
8 | | Department shall promptly notify the appropriate group home or |
9 | | child care institution.
|
10 | | (b) Any individual who holds a valid Illinois school bus |
11 | | driver permit
issued by the Secretary of State
pursuant to The |
12 | | Illinois
Vehicle Code, and who is currently employed by a |
13 | | school district or parochial
school, or by a contractor with a |
14 | | school district or parochial school, to
drive a school bus |
15 | | transporting children to and from school,
shall be deemed in |
16 | | compliance with the requirements of subsection (a).
|
17 | | (c) The Department may, pursuant to Section 8 of this Act, |
18 | | revoke the
license of any day care center, group home or child |
19 | | care institution that
fails to meet the requirements of this |
20 | | Section.
|
21 | | (d) A group home or child care institution that
fails to |
22 | | meet the requirements of this Section is guilty of a petty |
23 | | offense and is subject to a fine of not more than $1,000. Each |
24 | | day that a group home or child care institution fails to meet |
25 | | the 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 |
3 | | center, group
home or child care institution as defined in |
4 | | this Act shall on a regular
basis transport a child or children |
5 | | with any motor vehicle unless such
vehicle is operated by a |
6 | | person 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 |
3 | | institutions
may provide for transportation of a child or |
4 | | children for special outings,
functions or purposes that are |
5 | | not scheduled on a regular basis without
verification that |
6 | | drivers for such purposes meet the requirements of this
|
7 | | Section.
|
8 | | (a-5) As a means of ensuring compliance with the |
9 | | requirements set forth in subsection (a), the Department shall |
10 | | implement appropriate measures to verify that every individual |
11 | | who is employed at a group home or child care institution meets |
12 | | those requirements. |
13 | | For every person individual employed at a group home or |
14 | | child care institution who regularly transports children in |
15 | | the course of performing the person's his or her duties, the |
16 | | Department must make the verification every 2 years. Upon the |
17 | | Department's request, the Secretary of State shall provide the |
18 | | Department with the information necessary to enable the |
19 | | Department to make the verifications required under subsection |
20 | | (a). |
21 | | In the case of an individual employed at a group home or |
22 | | child care institution who becomes subject to subsection (a) |
23 | | for the first time after the effective date of this amendatory |
24 | | Act of the 94th General Assembly, the Department must make |
25 | | that verification with the Secretary of State before the |
26 | | individual operates a motor vehicle to transport a child or |
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|
1 | | children under the circumstances described in subsection (a). |
2 | | In the case of an individual employed at a group home or |
3 | | child care institution who is subject to subsection (a) on the |
4 | | effective date of this amendatory Act of the 94th General |
5 | | Assembly, the Department must make that verification with the |
6 | | Secretary of State within 30 days after that effective date. |
7 | | If the Department discovers that an individual fails to |
8 | | meet the requirements set forth in subsection (a), the |
9 | | Department shall promptly notify the appropriate group home or |
10 | | child care institution.
|
11 | | (b) Any individual who holds a valid Illinois school bus |
12 | | driver permit
issued by the Secretary of State
pursuant to The |
13 | | Illinois
Vehicle Code, and who is currently employed by a |
14 | | school district or parochial
school, or by a contractor with a |
15 | | school district or parochial school, to
drive a school bus |
16 | | transporting children to and from school,
shall be deemed in |
17 | | compliance with the requirements of subsection (a).
|
18 | | (c) The Department may, pursuant to Section 8 of this Act, |
19 | | revoke the
license of any day care center, group home or child |
20 | | care institution that
fails to meet the requirements of this |
21 | | Section.
|
22 | | (d) A group home or child care institution that
fails to |
23 | | meet the requirements of this Section is guilty of a petty |
24 | | offense and is subject to a fine of not more than $1,000. Each |
25 | | day that a group home or child care institution fails to meet |
26 | | the 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 |
4 | | the
affordability and availability of day care, a day care |
5 | | home licensed under this
Act may allow any
child it receives to |
6 | | bring the child's his or her lunch for consumption instead of |
7 | | or 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 |
11 | | minimum standards
for licensing that apply to the various |
12 | | types of facilities for child care
defined in this Act and that |
13 | | are equally applicable to like institutions
under the control |
14 | | of the Department and to foster family homes used by and
under |
15 | | the direct supervision of the Department. The Department shall |
16 | | seek
the advice and assistance of persons representative of |
17 | | the various types of
child care facilities in establishing |
18 | | such standards. The standards
prescribed and published under |
19 | | this Act take effect as provided in the
Illinois |
20 | | Administrative Procedure Act, and are restricted to
|
21 | | regulations pertaining to the following matters and to any |
22 | | rules and regulations required or permitted by any other |
23 | | Section 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, |
8 | | licensed group day care home providers, and licensed day care |
9 | | center directors and classroom staff shall participate in at |
10 | | least one training that includes the topics of early childhood |
11 | | social emotional learning, infant and early childhood mental |
12 | | health, early childhood trauma, or adverse childhood |
13 | | experiences. Current licensed providers, directors, and |
14 | | classroom staff shall complete training by July 1, 2022 and |
15 | | shall participate in training that includes the above topics |
16 | | at least once every 3 years. |
17 | | (b) If, in a facility for general child care, there are |
18 | | children
diagnosed as mentally ill or children diagnosed as |
19 | | having an intellectual or physical disability, who
are |
20 | | determined to be in need of special mental treatment or of |
21 | | nursing
care, or both mental treatment and nursing care, the |
22 | | Department shall seek
the advice and recommendation of the |
23 | | Department of Human Services,
the Department of Public Health, |
24 | | or both
Departments regarding the residential treatment and |
25 | | nursing care provided
by the institution.
|
26 | | (c) The Department shall investigate any person applying |
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1 | | to be
licensed as a foster parent to determine whether there is |
2 | | any evidence of
current drug or alcohol abuse in the |
3 | | prospective foster family. The
Department shall not license a |
4 | | person as a foster parent if drug or alcohol
abuse has been |
5 | | identified in the foster family or if a reasonable suspicion
|
6 | | of such abuse exists, except that the Department may grant a |
7 | | foster parent
license to an applicant identified with an |
8 | | alcohol or drug problem if the
applicant has successfully |
9 | | participated in an alcohol or drug treatment
program, |
10 | | self-help group, or other suitable activities and if the |
11 | | Department determines that the foster family home can provide |
12 | | a safe, appropriate environment and meet the physical and |
13 | | emotional needs of children.
|
14 | | (d) The Department, in applying standards prescribed and |
15 | | published, as
herein provided, shall offer consultation |
16 | | through employed staff or other
qualified persons to assist |
17 | | applicants and licensees in meeting and
maintaining minimum |
18 | | requirements for a license and to help them otherwise
to |
19 | | achieve programs of excellence related to the care of children |
20 | | served.
Such consultation shall include providing information |
21 | | concerning education
and training in early childhood |
22 | | development to providers of day care home
services. The |
23 | | Department may provide or arrange for such education and
|
24 | | training for those providers who request such assistance.
|
25 | | (e) The Department shall distribute copies of licensing
|
26 | | standards to all licensees and applicants for a license. Each |
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1 | | licensee or
holder of a permit shall distribute copies of the |
2 | | appropriate licensing
standards and any other information |
3 | | required by the Department to child
care facilities under its |
4 | | supervision. Each licensee or holder of a permit
shall |
5 | | maintain appropriate documentation of the distribution of the
|
6 | | standards. Such documentation shall be part of the records of |
7 | | the facility
and subject to inspection by authorized |
8 | | representatives of the Department.
|
9 | | (f) The Department shall prepare summaries of day care |
10 | | licensing
standards. Each licensee or holder of a permit for a |
11 | | day care facility
shall distribute a copy of the appropriate |
12 | | summary and any other
information required by the Department, |
13 | | to the legal guardian of each child
cared for in that facility |
14 | | at the time when the child is enrolled or
initially placed in |
15 | | the facility. The licensee or holder of a permit for a
day care |
16 | | facility shall secure appropriate documentation of the
|
17 | | distribution of the summary and brochure. Such documentation |
18 | | shall be a
part of the records of the facility and subject to |
19 | | inspection by an
authorized representative of the Department.
|
20 | | (g) The Department shall distribute to each licensee and
|
21 | | holder of a permit copies of the licensing or permit standards |
22 | | applicable
to such person's facility. Each licensee or holder |
23 | | of a permit shall make
available by posting at all times in a |
24 | | common or otherwise accessible area
a complete and current set |
25 | | of licensing standards in order that all
employees of the |
26 | | facility may have unrestricted access to such standards.
All |
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1 | | employees of the facility shall have reviewed the standards |
2 | | and any
subsequent changes. Each licensee or holder of a |
3 | | permit shall maintain
appropriate documentation of the current |
4 | | review of licensing standards by
all employees. Such records |
5 | | shall be part of the records of the facility
and subject to |
6 | | inspection by authorized representatives of the Department.
|
7 | | (h) Any standards involving physical examinations, |
8 | | immunization,
or medical treatment shall include appropriate |
9 | | exemptions for children
whose parents object thereto on the |
10 | | grounds that they conflict with the
tenets and practices of a |
11 | | recognized church or religious organization, of
which the |
12 | | parent is an adherent or member, and for children who should |
13 | | not
be subjected to immunization for clinical reasons.
|
14 | | (i) The Department, in cooperation with the Department of |
15 | | Public Health, shall work to increase immunization awareness |
16 | | and participation among parents of children enrolled in day |
17 | | care centers and day care homes by publishing on the |
18 | | Department's website information about the benefits of |
19 | | immunization against vaccine preventable diseases, including |
20 | | influenza and pertussis. The information for vaccine |
21 | | preventable diseases shall include the incidence and severity |
22 | | of the diseases, the availability of vaccines, and the |
23 | | importance of immunizing children and persons who frequently |
24 | | have close contact with children. The website content shall be |
25 | | reviewed annually in collaboration with the Department of |
26 | | Public Health to reflect the most current recommendations of |
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1 | | the Advisory Committee on Immunization Practices (ACIP). The |
2 | | Department shall work with day care centers and day care homes |
3 | | licensed under this Act to ensure that the information is |
4 | | annually distributed to parents in August or September. |
5 | | (j) Any standard adopted by the Department that requires |
6 | | an applicant for a license to operate a day care home to |
7 | | include a copy of a high school diploma or equivalent |
8 | | certificate with the person's his or her application shall be |
9 | | deemed to be satisfied if the applicant includes a copy of a |
10 | | high school diploma or equivalent certificate or a copy of a |
11 | | degree from an accredited institution of higher education or |
12 | | vocational 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 |
16 | | this Section,
"employer" means a licensee or holder of a |
17 | | permit subject to this Act.
"Employee" means an employee of |
18 | | such an employer.
|
19 | | (b) No employer shall discharge, demote or suspend, or |
20 | | threaten to
discharge, demote or suspend, or in any manner |
21 | | discriminate against any
employee who:
|
22 | | (1) Makes any good faith oral or written complaint of any |
23 | | employer's
violation of any licensing or other laws (including |
24 | | but not limited to laws
concerning child abuse or the |
25 | | transportation of children) which may result
in closure of the |
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1 | | facility pursuant to Section 11.2 of this Act to the
|
2 | | Department or other agency having statutory responsibility for |
3 | | the
enforcement of such laws or to the employer or |
4 | | representative of the employer;
|
5 | | (2) Institutes or causes to be instituted against any |
6 | | employer any
proceeding concerning the violation of any |
7 | | licensing or other laws,
including a proceeding to revoke or |
8 | | to refuse to renew a license under
Section 9 of this Act;
|
9 | | (3) Is or will be a witness or testify in any proceeding |
10 | | concerning the
violation of any licensing or other laws, |
11 | | including a proceeding to revoke
or to refuse to renew a |
12 | | license under Section 9 of this Act; or
|
13 | | (4) Refuses to perform work in violation of a licensing or |
14 | | other law or
regulation after notifying the employer of the |
15 | | violation.
|
16 | | (c)(1) A claim by an employee alleging an employer's |
17 | | violation of
subsection (b) of this Section shall be presented |
18 | | to the employer within 30
days after the date of the action |
19 | | complained of and shall be filed with the
Department of Labor |
20 | | within 60 days after the date of the action complained of.
|
21 | | (2) Upon receipt of the complaint, the Department of Labor |
22 | | shall
conduct whatever investigation it deems appropriate, and |
23 | | may hold a
hearing. After investigation or hearing, the |
24 | | Department of Labor
shall determine whether the employer has |
25 | | violated subsection (b) of this
Section and it shall notify |
26 | | the employer and the employee of
its determination.
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1 | | (3) If the Department of Labor determines that the |
2 | | employer has
violated subsection (b) of this Section, and the |
3 | | employer refuses to take
remedial action to comply with the |
4 | | determination, the Department of Labor
shall so notify the |
5 | | Attorney General, who shall bring an
action against the |
6 | | employer in the circuit court seeking enforcement of its
|
7 | | determination. The court may order any appropriate relief, |
8 | | including
rehiring and reinstatement of the employee to the |
9 | | person's his or her former position
with backpay and other |
10 | | benefits.
|
11 | | (d) Except for any grievance procedure, arbitration or |
12 | | hearing which is
available to the employee pursuant to a |
13 | | collective bargaining agreement,
this Section shall be the |
14 | | exclusive remedy for an employee complaining of
any action |
15 | | described in subsection (b).
|
16 | | (e) Any employer who willfully wilfully refuses to rehire, |
17 | | promote or otherwise
restore an employee or former employee |
18 | | who has been determined eligible for
rehiring or promotion as |
19 | | a result of any grievance procedure, arbitration
or hearing |
20 | | authorized 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 |
25 | | foster
family
home, a private child welfare agency must |
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1 | | ascertain (i) whether any other
children who
are youth in care |
2 | | have been placed in that home and (ii) whether
every such
child |
3 | | who has been placed in that home continues to reside in that |
4 | | home, unless
the child
has been transferred to another |
5 | | placement or is no longer a youth in care. The
agency must keep |
6 | | a record of every other child welfare agency that has placed
|
7 | | such a
child in that foster family home; the record must |
8 | | include the name and
telephone number
of a contact person at |
9 | | each such agency.
|
10 | | (b) At least once every 30 days, a private child welfare |
11 | | agency that places youth in care
in foster family homes must |
12 | | make a site visit to every such
home
where it has placed a |
13 | | youth in care. The purpose of the site visit is to verify that |
14 | | the
child
continues to reside in that home and to verify the |
15 | | child's safety and
well-being. The agency must document the |
16 | | verification in
its
records. If a private child welfare agency |
17 | | fails to comply with the
requirements of this
subsection, the |
18 | | Department must suspend all payments to the agency until the
|
19 | | agency
complies.
|
20 | | (c) The Department must periodically (but no less often |
21 | | than once every 6
months) review the child placement records |
22 | | of each private child welfare agency
that
places youth in |
23 | | care.
|
24 | | (d) If a child placed in a foster family home is missing, |
25 | | the foster parent
must
promptly report that fact to the |
26 | | Department or to the child welfare agency that
placed the
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1 | | child in the home. If the foster parent fails to make such a |
2 | | report, the
Department shall
put the home on hold for the |
3 | | placement of other children and initiate
corrective action |
4 | | that may include revocation of
the foster parent's license to |
5 | | operate the foster family home.
A foster parent who knowingly |
6 | | and willfully fails to report a missing foster
child under |
7 | | this subsection is guilty of a Class A misdemeanor.
|
8 | | (e) If a private child welfare agency determines that a |
9 | | youth in care
whom it has placed in a foster family home no |
10 | | longer resides in that home, the
agency
must promptly report |
11 | | that fact to the Department. If the agency fails to make
such a
|
12 | | report, the Department shall
put the agency on hold for the |
13 | | placement of other children and initiate
corrective action |
14 | | that may include revocation of the agency's license.
|
15 | | (f) When a child is missing from a foster home, the |
16 | | Department or private
agency in charge of case management |
17 | | shall report regularly to the foster parent
concerning efforts |
18 | | to locate the missing child.
|
19 | | (g) The Department must strive to account for the status |
20 | | and whereabouts of
every
one of its youth in care who it |
21 | | determines is not residing in the authorized placement
in
|
22 | | which 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 |
2 | | services shall provide to all prospective clients and to the |
3 | | public written disclosures with respect to its adoption |
4 | | services, policies, and practices, including general |
5 | | eligibility criteria, fees, and the mutual rights and |
6 | | responsibilities of clients, including birth biological |
7 | | parents and adoptive parents. The written disclosure shall be |
8 | | posted on any website maintained by the child welfare agency |
9 | | that relates to adoption services. The Department shall adopt |
10 | | rules relating to the contents of the written disclosures. |
11 | | Eligible agencies may be deemed compliant with this subsection |
12 | | (a). |
13 | | (b) Every licensed child welfare agency providing adoption |
14 | | services shall provide to all applicants, prior to |
15 | | application, a written schedule of estimated fees, expenses, |
16 | | and refund policies. Every child welfare agency providing |
17 | | adoption services shall have a written policy that shall be |
18 | | part of its standard adoption contract and state that it will |
19 | | not charge additional fees and expenses beyond those disclosed |
20 | | in the adoption contract unless additional fees are reasonably |
21 | | required by the circumstances and are disclosed to the |
22 | | adoptive parents or parent before they are incurred. The |
23 | | Department shall adopt rules relating to the contents of the |
24 | | written schedule and policy. Eligible agencies may be deemed |
25 | | compliant with this subsection (b). |
26 | | (c) Every licensed child welfare agency providing adoption |
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1 | | services must make full and fair disclosure to its clients, |
2 | | including birth biological parents and adoptive parents, of |
3 | | all circumstances material to the placement of a child for |
4 | | adoption. The Department shall adopt rules necessary for the |
5 | | implementation and regulation of the requirements of this |
6 | | subsection (c). |
7 | | (c-5) Whenever a licensed child welfare agency places a |
8 | | child in a licensed foster family home or an adoption-only |
9 | | home, the agency shall provide the following to the caretaker |
10 | | or 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 |
4 | | information required by this subsection, which may be provided |
5 | | to the foster or prospective adoptive parent in advance of a |
6 | | placement. The foster or prospective adoptive parent may |
7 | | review the supporting documents in the child's file in the |
8 | | presence of casework staff. In the case of an emergency |
9 | | placement, casework staff shall at least provide information |
10 | | verbally, if necessary, and must subsequently provide the |
11 | | information in writing as required by this subsection. In the |
12 | | case of emergency placements when time does not allow prior |
13 | | review, preparation, and collection of written information, |
14 | | the agency shall provide such information as it becomes |
15 | | available.
|
16 | | The Department shall adopt rules necessary for the |
17 | | implementation and regulation of the requirements of this |
18 | | subsection (c-5).
|
19 | | (d) Every licensed child welfare agency providing adoption |
20 | | services shall meet minimum standards set forth by the |
21 | | Department concerning the taking or acknowledging of a consent |
22 | | prior to taking or acknowledging a consent from a prospective |
23 | | birth biological parent. The Department shall adopt rules |
24 | | concerning the minimum standards required by agencies under |
25 | | this 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 |
3 | | agency providing adoption services shall file an annual report |
4 | | with the Department and with the Attorney General on forms and |
5 | | on a date prescribed by the Department. The annual reports for |
6 | | the preceding 2 years must be made available, upon request, to |
7 | | the public by the Department and every licensed agency and |
8 | | must be included on the website of the Department. Each |
9 | | licensed agency that maintains a website shall provide the |
10 | | reports on its website. The annual report shall include all of |
11 | | the following matters and all other matters required by the |
12 | | Department: |
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 |
10 | | Section may result in the suspension of the agency's license |
11 | | for a period of 90 days. Subsequent violations may result in |
12 | | revocation of the license.
|
13 | | Information disclosed in accordance with this Section |
14 | | shall be subject to the applicable confidentiality |
15 | | requirements 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 |
19 | | welfare agencies providing adoption services shall not require |
20 | | birth biological or adoptive parents to sign any document that |
21 | | purports to waive claims against an agency for intentional or |
22 | | reckless acts or omissions or for gross negligence. Nothing in |
23 | | this Section shall require an agency to assume risks that are |
24 | | not 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, |
3 | | the Department shall
notify the licensee by registered mail |
4 | | with postage prepaid, at the address
specified on the license, |
5 | | or at the address of the ranking or presiding
officer of a |
6 | | board of directors, or any equivalent body conducting a child
|
7 | | care facility, of the contemplated action and that the |
8 | | licensee may, within
10 days of such notification, dating from |
9 | | the postmark of the registered
mail, request in writing a |
10 | | public hearing before the Department, and, at
the same time, |
11 | | may request a written statement of charges from the
|
12 | | Department.
|
13 | | (a) Upon written request by the licensee, the Department |
14 | | shall furnish
such written statement of charges, and, at the |
15 | | same time, shall set the
date and place for the hearing. The |
16 | | charges and notice of the hearing shall
be delivered by |
17 | | registered mail with postage prepaid, and the hearing must
be |
18 | | held within 30 days, dating from the date of the postmark of |
19 | | the
registered mail, except that notification must be made at |
20 | | least 15 days in
advance of the date set for the hearing.
|
21 | | (b) If no request for a hearing is made within 10 days |
22 | | after
notification, or if the Department determines, upon |
23 | | holding a hearing , that
the license should be revoked or |
24 | | renewal denied, then the license shall be
revoked or renewal |
25 | | denied.
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1 | | (c) Upon the hearing of proceedings in which the license |
2 | | is revoked,
renewal of license is refused or full license is |
3 | | denied, the Director of
the Department, or any officer or |
4 | | employee duly authorized by the Director him in
writing, may |
5 | | administer oaths and the Department may procure, by its
|
6 | | subpoena, the attendance of witnesses and the production of |
7 | | relevant books
and papers.
|
8 | | (d) At the time and place designated, the Director of the |
9 | | Department or
the officer or employee authorized by the |
10 | | Director him in writing, shall hear the
charges, and both the |
11 | | Department and the licensee shall be allowed to
present in |
12 | | person or by counsel such statements, testimony and evidence |
13 | | as
may be pertinent to the charges or to the defense thereto. |
14 | | The hearing
officer may continue such hearing from time to |
15 | | time, but not to exceed a
single period of 30 days, unless |
16 | | special extenuating circumstances make
further continuance |
17 | | feasible.
|
18 | | (Source: P.A. 83-1362.)
|
19 | | (225 ILCS 10/9.1b) |
20 | | Sec. 9.1b. Complaint procedures. All child welfare |
21 | | agencies providing adoption services shall be required by the |
22 | | Department to have complaint policies and procedures that |
23 | | shall be provided in writing to their prospective clients, |
24 | | including birth biological parents, adoptive parents, and |
25 | | adoptees that they have served, at the earliest time possible, |
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1 | | and, in the case of birth biological and adoptive parents, |
2 | | prior to placement or prior to entering into any written |
3 | | contract with the clients. These complaint procedures must be |
4 | | filed with the Department within 6 months after the effective |
5 | | date of this amendatory Act of the 94th General Assembly. |
6 | | Failure to comply with this Section may result in the |
7 | | suspension of licensure for a period of 90 days. Subsequent |
8 | | violations may result in licensure revocation. The Department |
9 | | shall adopt rules that describe the complaint procedures |
10 | | required by each agency. These rules shall include without |
11 | | limitation prompt complaint response time, recording of the |
12 | | complaints, prohibition of agency retaliation against the |
13 | | person making the complaint, and agency reporting of all |
14 | | complaints to the Department in a timely manner. Any agency |
15 | | that maintains a website shall post the prescribed complaint |
16 | | procedures and its license number, as well as the statewide |
17 | | toll-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 |
22 | | any public medium originating or distributed in this State, |
23 | | including, but not limited to, newspapers, periodicals, |
24 | | telephone book listings, outdoor advertising signs, radio, or |
25 | | television. |
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1 | | (b) A child care facility or child welfare agency licensed |
2 | | or operating under a permit issued by the Department may |
3 | | publish advertisements for the services that the facility is |
4 | | specifically licensed or issued a permit under this Act to |
5 | | provide. A person, group of persons, agency, association, |
6 | | organization, corporation, institution, center, or group who |
7 | | advertises or causes to be published any advertisement |
8 | | offering, soliciting, or promising to perform adoption |
9 | | services as defined in Section 2.24 of this Act is guilty of a |
10 | | Class A misdemeanor and shall be subject to a fine not to |
11 | | exceed $10,000 or 9 months imprisonment for each |
12 | | advertisement, unless that person, group of persons, agency, |
13 | | association, organization, corporation, institution, center, |
14 | | or group is (i) licensed or operating under a permit issued by |
15 | | the Department as a child care facility or child welfare |
16 | | agency, (ii) a birth biological parent or a prospective |
17 | | adoptive parent acting on the birth parent's or prospective |
18 | | adoptive parent's his or her own behalf, or (iii) a licensed |
19 | | attorney advertising the licensed attorney's his or her |
20 | | availability to provide legal services relating to adoption, |
21 | | as permitted by law. |
22 | | (c) Every advertisement published after the effective date |
23 | | of this amendatory Act of the 94th General Assembly shall |
24 | | include the Department-issued license number of the facility |
25 | | or agency. |
26 | | (d) Any licensed child welfare agency providing adoption |
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1 | | services that, after the effective date of this amendatory Act |
2 | | of the 94th General Assembly, causes to be published an |
3 | | advertisement containing reckless or intentional |
4 | | misrepresentations concerning adoption services or |
5 | | circumstances material to the placement of a child for |
6 | | adoption is guilty of a Class A misdemeanor and is subject to a |
7 | | fine not to exceed $10,000 or 9 months imprisonment for each |
8 | | advertisement.
|
9 | | (e) An out-of-state agency that is not licensed in |
10 | | Illinois and that has a written interagency agreement with one |
11 | | or more Illinois licensed child welfare agencies may advertise |
12 | | under this Section, provided that (i) the out-of-state agency |
13 | | must be officially recognized by the United States Internal |
14 | | Revenue Service as a tax-exempt organization under 501(c)(3) |
15 | | of the Internal Revenue Code of 1986 (or any successor |
16 | | provision of federal tax law), (ii) the out-of-state agency |
17 | | provides only international adoption services and is covered |
18 | | by the Intercountry Adoption Act of 2000, (iii) the |
19 | | out-of-state agency displays, in the
advertisement, the |
20 | | license number of at least one of the Illinois licensed child |
21 | | welfare agencies with which it has a written agreement, and |
22 | | (iv) the advertisements pertain only to international adoption |
23 | | services. Subsection (d) of this Section shall apply to any |
24 | | out-of-state agencies described in this subsection (e).
|
25 | | (f) An advertiser, publisher, or broadcaster, including, |
26 | | but not limited to, newspapers, periodicals, telephone book |
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1 | | publishers, outdoor advertising signs, radio stations, or |
2 | | television stations, who knowingly or recklessly advertises or |
3 | | publishes any advertisement offering, soliciting, or promising |
4 | | to perform adoption services, as defined in Section 2.24 of |
5 | | this Act, on behalf of a person, group of persons, agency, |
6 | | association, organization, corporation, institution, center, |
7 | | or group, not authorized to advertise under subsection (b) or |
8 | | subsection (e) of this Section, is guilty of a Class A |
9 | | misdemeanor and is subject to a fine not to exceed $10,000 or 9 |
10 | | months imprisonment for each advertisement. |
11 | | (g) The Department shall maintain a website listing child |
12 | | welfare agencies licensed by the Department that provide |
13 | | adoption services and other general information for birth |
14 | | biological parents and adoptive parents. The website shall |
15 | | include, but not be limited to, agency addresses, phone |
16 | | numbers, e-mail addresses, website addresses, annual reports |
17 | | as referenced in Section 7.6 of this Act, agency license |
18 | | numbers, the Birth Parent Bill of Rights, the Adoptive Parents |
19 | | Bill of Rights, and the Department's complaint registry |
20 | | established under Section 9.1a of this Act. The Department |
21 | | shall adopt any rules necessary to implement this Section.
|
22 | | (h) Nothing in this Act shall prohibit a day care agency, |
23 | | day care center, day care home, or group day care home that |
24 | | does not provide or perform adoption services, as defined in |
25 | | Section 2.24 of this Act, from advertising or marketing the |
26 | | day care agency, day care center, day care home, or group day |
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1 | | care 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 |
5 | | other credit accommodation. No person or entity shall offer, |
6 | | provide, or co-sign a loan or other credit accommodation, |
7 | | directly or indirectly, with a birth biological parent or a |
8 | | relative of a birth biological parent based on the contingency |
9 | | of 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 |
14 | | welfare agency shall not obligate the birth biological parents |
15 | | to place the child for adoption. In the event that the birth |
16 | | biological parents choose not to place the child for adoption, |
17 | | the child welfare agency shall have no right to seek |
18 | | reimbursement from the birth biological parents, or from any |
19 | | relative of the birth biological parents, of moneys paid to, |
20 | | or on behalf of, the birth biological parents, except as |
21 | | provided in subsection (b) of this Section. |
22 | | (b) Notwithstanding subsection (a) of this Section, a |
23 | | child welfare agency may seek reimbursement of reasonable |
24 | | living expenses from a person who receives such payments only |
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1 | | if the person who accepts payment of reasonable living |
2 | | expenses before the child's birth, as described in subsection |
3 | | (a) of this Section, knows that the person on whose behalf they |
4 | | are accepting payment is not pregnant at the time of the |
5 | | receipt of such payments or the person receives reimbursement |
6 | | for reasonable living expenses simultaneously from more than |
7 | | one 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 |
11 | | corporation who
|
12 | | (1) conducts, operates or acts as a child care facility |
13 | | without a
license or permit to do so in violation of Section 3 |
14 | | of this Act;
|
15 | | (2) makes materially false statements in order to obtain a |
16 | | license or
permit;
|
17 | | (3) fails to keep the records and make the reports |
18 | | provided under this
Act;
|
19 | | (4) advertises any service not authorized by license or |
20 | | permit held;
|
21 | | (5) publishes any advertisement in violation of this Act;
|
22 | | (6) receives within this State any child in violation of |
23 | | Section 16 of
this Act; or
|
24 | | (7) violates any other provision of this Act or any |
25 | | reasonable rule or
regulation adopted and published by the |
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1 | | Department for the enforcement of
the provisions of this Act, |
2 | | is guilty of a Class A misdemeanor and in case
of an |
3 | | association or corporation, imprisonment may be imposed upon |
4 | | its
officers who knowingly participated in the violation.
|
5 | | Any child care facility that continues to operate after |
6 | | its license is
revoked under Section 8 of this Act or after its |
7 | | license expires and the
Department refused to renew the |
8 | | license as provided in Section 8 of this
Act is guilty of a |
9 | | business offense and shall be fined an amount in excess
of $500 |
10 | | but not exceeding $10,000, and each day of violation is a |
11 | | separate offense.
|
12 | | In a prosecution under this Act, a defendant who relies |
13 | | upon the
relationship of any child to the defendant himself |
14 | | has the burden of proof as to that
relationship.
|
15 | | (Source: P.A. 83-1362.)
|
16 | | Section 50. The Abandoned Newborn Infant Protection Act is |
17 | | amended 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 |
21 | | Neglected
Child Reporting Act.
|
22 | | "Abused child" has the same meaning as in the Abused and |
23 | | Neglected
Child Reporting Act.
|
24 | | "Child-placing agency" means a licensed public or private |
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1 | | agency
that receives a child for the purpose of placing or |
2 | | arranging
for the placement of the child in a foster family |
3 | | home or
other facility for child care, apart from the custody |
4 | | of the child's
parents.
|
5 | | "Department" or "DCFS" means the Illinois Department of |
6 | | Children and
Family Services.
|
7 | | "Emergency medical facility" means a freestanding |
8 | | emergency center or
trauma center, as defined in the Emergency |
9 | | Medical Services (EMS) Systems
Act.
|
10 | | "Emergency medical professional" includes licensed |
11 | | physicians, and any
emergency medical technician, emergency |
12 | | medical
technician-intermediate, advanced emergency medical |
13 | | technician, paramedic,
trauma nurse specialist, and |
14 | | pre-hospital registered nurse, as defined in the
Emergency |
15 | | Medical Services (EMS) Systems Act.
|
16 | | "Fire station" means a fire station within the State with |
17 | | at least one staff person.
|
18 | | "Hospital" has the same meaning as in the Hospital |
19 | | Licensing Act.
|
20 | | "Legal custody" means the relationship created by a court |
21 | | order in
the best interest of a newborn infant that imposes on |
22 | | the infant's custodian
the responsibility of physical |
23 | | possession of the infant, the duty to
protect, train, and |
24 | | discipline the infant, and the duty to provide the infant
with |
25 | | food,
shelter, education, and medical care, except as these |
26 | | are limited by
parental rights and responsibilities.
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1 | | "Neglected child" has the same meaning as in the Abused |
2 | | and
Neglected Child Reporting Act.
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3 | | "Newborn infant" means a child who a licensed physician |
4 | | reasonably
believes is 30 days old or less at the time the |
5 | | child is
initially relinquished to a hospital, police station, |
6 | | fire station, or
emergency
medical facility, and who is not an |
7 | | abused or a neglected child.
|
8 | | "Police station" means a municipal police station, a |
9 | | county sheriff's
office, a campus police department located on |
10 | | any college or university owned or controlled by the State or |
11 | | any private college or private university that is not owned or |
12 | | controlled by the State when employees of the campus police |
13 | | department are present, or any of the district headquarters of |
14 | | the Illinois State Police.
|
15 | | "Relinquish" means to bring a newborn infant, who a
|
16 | | licensed physician reasonably believes is 30 days old or less,
|
17 | | to a hospital, police station, fire station, or emergency |
18 | | medical facility
and
to leave the infant with personnel of the |
19 | | facility, if the person leaving the
infant does not express an |
20 | | intent to return for the
infant or states that the person he or |
21 | | she will not return for the infant.
In the case of a person |
22 | | mother who gives birth to an infant in a hospital,
the person's |
23 | | mother'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 |
26 | | is not a "relinquishment" under
this Act.
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1 | | "Temporary protective custody" means the temporary |
2 | | placement of
a newborn infant within a hospital or other |
3 | | medical 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 |
8 | | infant
in accordance with this Act, the infant's parent
|
9 | | consents to the termination of the parent's his or her
|
10 | | parental rights with respect to the infant.
|
11 | | (b) There is a presumption that a person relinquishing a |
12 | | newborn
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 |
22 | | the presumption set forth in either subsection (a) or
|
23 | | subsection (b) pursuant to Section 55, at any time before the |
24 | | termination 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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1 | | 93-820, eff. 7-27-04 .)
|
2 | | (325 ILCS 2/30)
|
3 | | Sec. 30. Anonymity of relinquishing person.
If there is |
4 | | no evidence of abuse or neglect of a
relinquished newborn |
5 | | infant, the relinquishing person has the right to
remain |
6 | | anonymous and to leave the hospital, police station, fire |
7 | | station,
or emergency
medical facility at any time and not be |
8 | | pursued or followed. Before the
relinquishing person leaves |
9 | | the hospital, police station, fire station, or
emergency |
10 | | medical
facility, the hospital, police station, fire station, |
11 | | or emergency medical
facility personnel
shall (i) verbally |
12 | | inform the relinquishing person that by
relinquishing the
|
13 | | child anonymously, the relinquishing person he or she will |
14 | | have to petition the court if the relinquishing person he or |
15 | | she
desires to prevent the termination of parental rights and |
16 | | regain custody of the
child and (ii) shall offer the |
17 | | relinquishing person the information
packet
described in |
18 | | Section 35 of this Act.
However, nothing in this Act shall be |
19 | | construed as precluding the
relinquishing person from |
20 | | providing the relinquishing person's his or her identity or |
21 | | completing the
application forms for the Illinois Adoption |
22 | | Registry and Medical Information
Exchange and requesting that |
23 | | the hospital, police station, fire station, or
emergency |
24 | | medical
facility forward those forms to the Illinois Adoption |
25 | | Registry and Medical
Information Exchange.
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1 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
2 | | 93-820, 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
|
6 | | medical facility that receives a newborn infant relinquished |
7 | | in accordance with
this
Act must offer an information packet |
8 | | to the relinquishing person and, if
possible, must clearly |
9 | | inform the relinquishing person that the relinquishing |
10 | | person's his or her
acceptance of the
information is |
11 | | completely voluntary. The
information packet must include all |
12 | | of
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 |
7 | | shall provide the
application forms for the Illinois Adoption |
8 | | Registry and Medical Information
Exchange.
|
9 | | (b) The information packet given to a relinquishing parent |
10 | | in accordance with this Act shall include, in addition to |
11 | | other 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 |
26 | | between the Office of Vital Records and the Department of |
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1 | | Children and Family Services, with the exception of the |
2 | | resource list of providers of counseling services and adoption |
3 | | agencies, which shall be provided by the hospital, fire |
4 | | station, police station, sheriff's office, or emergency |
5 | | medical 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 |
8 | | is amended by changing Sections 2.1, 3, 4, 4.1, 4.2, 4.4, 4.5, |
9 | | 5, 7, 7.3b, 7.3c, 7.4, 7.9, 7.14, 7.16, 7.19, 11.1, 11.1a, |
10 | | 11.3, 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 |
13 | | meeting child care
responsibilities may use the services and |
14 | | facilities established by this
Act which may assist in meeting |
15 | | such responsibilities. Whether or not the
problem presented |
16 | | constitutes child abuse or neglect, such persons or families
|
17 | | shall be referred to appropriate resources or agencies. No |
18 | | person seeking
assistance under this Section shall be required
|
19 | | to give the person's his name or any other identifying |
20 | | information.
|
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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1 | | requires: |
2 | | "Adult resident" means any person between 18 and 22 years |
3 | | of age who resides in any facility licensed by the Department |
4 | | under the Child Care Act of 1969. For purposes of this Act, the |
5 | | criteria set forth in the definitions of "abused child" and |
6 | | "neglected child" shall be used in determining whether an |
7 | | adult resident is abused or neglected. |
8 | | "Agency" means a child care facility licensed under |
9 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and |
10 | | includes a transitional living program that accepts children |
11 | | and adult residents for placement who are in the guardianship |
12 | | of the Department. |
13 | | "Blatant disregard" means an incident where the real, |
14 | | significant, and imminent risk of harm would be so obvious to a |
15 | | reasonable parent or caretaker that it is unlikely that a |
16 | | reasonable parent or caretaker would have exposed the child to |
17 | | the danger without exercising precautionary measures to |
18 | | protect the child from harm. With respect to a person working |
19 | | at an agency in the person's his or her professional capacity |
20 | | with a child or adult resident, "blatant disregard" includes a |
21 | | failure by the person to perform job responsibilities intended |
22 | | to protect the child's or adult resident's health, physical |
23 | | well-being, or welfare, and, when viewed in light of the |
24 | | surrounding circumstances, evidence exists that would cause a |
25 | | reasonable person to believe that the child was neglected. |
26 | | With respect to an agency, "blatant disregard" includes a |
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1 | | failure to implement practices that ensure the health, |
2 | | physical well-being, or welfare of the children and adult |
3 | | residents residing in the facility. |
4 | | "Child" means any person under the age of 18 years, unless |
5 | | legally
emancipated by reason of marriage or entry into a |
6 | | branch of the United
States armed services. |
7 | | "Department" means Department of Children and Family |
8 | | Services. |
9 | | "Local law enforcement agency" means the police of a city, |
10 | | town,
village or other incorporated area or the sheriff of an |
11 | | unincorporated
area or any sworn officer of the Illinois State |
12 | | Police. |
13 | | "Abused child"
means a child whose parent or immediate |
14 | | family
member,
or any person responsible for the child's |
15 | | welfare, or any individual
residing in the same home as the |
16 | | child, 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 |
9 | | that the child
has been relinquished in accordance with the |
10 | | Abandoned Newborn Infant
Protection Act. |
11 | | "Neglected child" means any child who is not receiving the |
12 | | proper or
necessary nourishment or medically indicated |
13 | | treatment including food or care
not provided solely on the |
14 | | basis of the present or anticipated mental or
physical |
15 | | impairment as determined by a physician acting alone or in
|
16 | | consultation with other physicians or otherwise is not |
17 | | receiving the proper or
necessary support or medical or other |
18 | | remedial care recognized under State law
as necessary for a |
19 | | child's well-being, or other care necessary for the child's |
20 | | his or her
well-being, including adequate food, clothing and |
21 | | shelter; or who is subjected to an environment which is |
22 | | injurious insofar as (i) the child's environment creates a |
23 | | likelihood of harm to the child's health, physical well-being, |
24 | | or welfare and (ii) the likely harm to the child is the result |
25 | | of a blatant disregard of parent, caretaker, person |
26 | | responsible for the child's welfare, or agency |
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1 | | responsibilities; or who is abandoned
by the child's his or |
2 | | her parents or other person responsible for the child's |
3 | | welfare
without a proper plan of care; or who has been provided |
4 | | with interim crisis intervention services under
Section 3-5 of
|
5 | | the Juvenile Court Act of 1987 and whose parent, guardian, or |
6 | | custodian refuses to
permit
the child to return home and no |
7 | | other living arrangement agreeable
to the parent, guardian, or |
8 | | custodian can be made, and the parent, guardian, or custodian |
9 | | has not made any other appropriate living arrangement for the |
10 | | child; or who is a newborn infant whose blood, urine,
or |
11 | | meconium
contains any amount of a controlled substance as |
12 | | defined in subsection (f) of
Section 102 of the Illinois |
13 | | Controlled Substances Act or a metabolite thereof,
with the |
14 | | exception of a controlled substance or metabolite thereof |
15 | | whose
presence in the newborn infant is the result of medical |
16 | | treatment administered
to the person who gave birth mother or |
17 | | the newborn infant. A child shall not be considered neglected
|
18 | | for the sole reason that the child's parent or other person |
19 | | responsible for the child's his
or her welfare has left the |
20 | | child in the care of an adult relative for any
period of time. |
21 | | A child shall not be considered neglected for the sole reason
|
22 | | that the child has been relinquished in accordance with the |
23 | | Abandoned Newborn
Infant Protection Act. A child shall not be |
24 | | considered neglected or abused
for the
sole reason that such |
25 | | child's parent or other person responsible for the child's his |
26 | | or her
welfare depends upon spiritual means through prayer |
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1 | | alone for the treatment or
cure of disease or remedial care as |
2 | | provided under Section 4 of this Act. A
child shall not be |
3 | | considered neglected or abused solely because the child is
not |
4 | | attending school in accordance with the requirements of |
5 | | Article 26 of The
School Code, as amended. |
6 | | "Child Protective Service Unit" means certain specialized |
7 | | State employees of
the Department assigned by the Director to |
8 | | perform the duties and
responsibilities as provided under |
9 | | Section 7.2 of this Act. |
10 | | "Near fatality" means an act that, as certified by a |
11 | | physician, places the child in serious or critical condition, |
12 | | including acts of great bodily harm inflicted upon children |
13 | | under 13 years of age, and as otherwise defined by Department |
14 | | rule. |
15 | | "Great bodily harm" includes bodily injury which creates a |
16 | | high probability of death, or which causes serious permanent |
17 | | disfigurement, or which causes a permanent or protracted loss |
18 | | or impairment of the function of any bodily member or organ, or |
19 | | other serious bodily harm. |
20 | | "Person responsible for the child's welfare" means the |
21 | | child's parent;
guardian; foster parent; relative caregiver; |
22 | | any person responsible for the
child's welfare in a public or |
23 | | private residential agency or institution; any
person |
24 | | responsible for the child's welfare within a public or private |
25 | | profit or
not for profit child care facility; or any other |
26 | | person responsible for the
child's welfare at the time of the |
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1 | | alleged abuse or neglect, including any person who commits or |
2 | | allows to be committed, against the child, the offense of |
3 | | involuntary servitude, involuntary sexual servitude of a |
4 | | minor, or trafficking in persons for forced labor or services, |
5 | | as provided in Section 10-9 of the Criminal Code of 2012, |
6 | | including, but not limited to, the custodian of the minor, or |
7 | | any person who
came to know the child through an official |
8 | | capacity or position of trust,
including, but not limited to, |
9 | | health care professionals, educational personnel,
recreational |
10 | | supervisors, members of the clergy, and volunteers or
support |
11 | | personnel in any setting
where children may be subject to |
12 | | abuse or neglect. |
13 | | "Temporary protective custody" means custody within a |
14 | | hospital or
other medical facility or a place previously |
15 | | designated for such custody
by the Department, subject to |
16 | | review by the Court, including a licensed
foster home, group |
17 | | home, or other institution; but such place shall not
be a jail |
18 | | or other place for the detention of criminal or juvenile |
19 | | offenders. |
20 | | "An unfounded report" means any report made under this Act |
21 | | for which
it is determined after an investigation that no |
22 | | credible evidence of
abuse or neglect exists. |
23 | | "An indicated report" means a report made under this Act |
24 | | if an
investigation determines that credible evidence of the |
25 | | alleged
abuse or neglect exists. |
26 | | "An undetermined report" means any report made under this |
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1 | | Act in
which it was not possible to initiate or complete an |
2 | | investigation on
the basis of information provided to the |
3 | | Department. |
4 | | "Subject of report" means any child reported to the |
5 | | central register
of child abuse and neglect established under |
6 | | Section 7.7 of this Act as an alleged victim of child abuse or |
7 | | neglect and
the parent or guardian of the alleged victim or |
8 | | other person responsible for the alleged victim's welfare who |
9 | | is named in the report or added to the report as an alleged |
10 | | perpetrator of child abuse or neglect. |
11 | | "Perpetrator" means a person who, as a result of |
12 | | investigation, has
been determined by the Department to have |
13 | | caused child abuse or neglect. |
14 | | "Member of the clergy" means a clergyperson clergyman or |
15 | | practitioner of any religious
denomination accredited by the |
16 | | religious body to which the clergyperson or practitioner he or |
17 | | she belongs. |
18 | | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; |
19 | | 102-813, eff. 5-13-22.)
|
20 | | (325 ILCS 5/4)
|
21 | | Sec. 4. Persons required to report; privileged |
22 | | communications;
transmitting false report. |
23 | | (a) The following persons are required to immediately |
24 | | report to the Department when they have reasonable cause to |
25 | | believe that a child known to them in their professional or |
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1 | | official capacities may be an abused child or a neglected |
2 | | child: |
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 |
15 | | workplace and are required to report under this Act share a |
16 | | reasonable cause to believe that a child may be an abused or |
17 | | neglected child, one of those reporters may be designated to |
18 | | make a single report. The report shall include the names and |
19 | | contact information for the other mandated reporters sharing |
20 | | the reasonable cause to believe that a child may be an abused |
21 | | or neglected child. The designated reporter must provide |
22 | | written confirmation of the report to those mandated reporters |
23 | | within 48 hours. If confirmation is not provided, those |
24 | | mandated reporters are individually responsible for |
25 | | immediately ensuring a report is made. Nothing in this Section |
26 | | precludes or may be used to preclude any person from reporting |
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1 | | child abuse or child neglect. |
2 | | (c)(1) As used in this Section, "a child known to them in |
3 | | their 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 |
22 | | before the mandated reporter in order for the reporter to make |
23 | | a report of suspected child abuse or child neglect.
|
24 | | (d) If an allegation is raised to a school board member |
25 | | during the course of an open or closed school board meeting |
26 | | that a child who is enrolled in the school district of which |
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1 | | the person he or she is a board member is an abused child as |
2 | | defined in Section 3 of this Act, the member shall direct or |
3 | | cause the school board to direct the superintendent of the |
4 | | school district or other equivalent school administrator to |
5 | | comply with the requirements of this Act concerning the |
6 | | reporting of child abuse. For purposes of this paragraph, a |
7 | | school board member is granted the authority in that board
|
8 | | member's his or her individual capacity to direct the |
9 | | superintendent of the school district or other equivalent |
10 | | school administrator to comply with the requirements of this |
11 | | Act concerning the reporting of child abuse.
|
12 | | Notwithstanding any other provision of this Act, if an |
13 | | employee of a school district has made a report or caused a |
14 | | report to be made to the Department under this Act involving |
15 | | the conduct of a current or former employee of the school |
16 | | district and a request is made by another school district for |
17 | | the provision of information concerning the job performance or |
18 | | qualifications of the current or former employee because the
|
19 | | current or former employee he or she is an applicant for |
20 | | employment with the requesting school district, the general |
21 | | superintendent of the school district to which the request is |
22 | | being made must disclose to the requesting school district the |
23 | | fact that an employee of the school district has made a report |
24 | | involving the conduct of the applicant or caused a report to be |
25 | | made to the Department, as required under this Act. Only the |
26 | | fact that an employee of the school district has made a report |
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1 | | involving the conduct of the applicant or caused a report to be |
2 | | made to the Department may be disclosed by the general |
3 | | superintendent of the school district to which the request for |
4 | | information concerning the applicant is made, and this fact |
5 | | may be disclosed only in cases where the employee and the |
6 | | general superintendent have not been informed by the |
7 | | Department that the allegations were unfounded. An employee of |
8 | | a school district who is or has been the subject of a report |
9 | | made pursuant to this Act during the employee's his or her |
10 | | employment with the school district must be informed by that |
11 | | school district that if the employee he or she applies for |
12 | | employment with another school district, the general |
13 | | superintendent of the former school district, upon the request |
14 | | of the school district to which the employee applies, shall |
15 | | notify that requesting school district that the employee is or |
16 | | was the subject of such a report.
|
17 | | (e) Whenever
such person is required to report under this |
18 | | Act in the person's his capacity as a member of
the staff of a |
19 | | medical or other public or private institution, school, |
20 | | facility
or agency, or as a member of the clergy, the person he |
21 | | shall
make report immediately to the Department in accordance
|
22 | | with the provisions of this Act and may also notify the person |
23 | | in charge of
such institution, school, facility or agency, or |
24 | | church, synagogue, temple,
mosque, or other religious |
25 | | institution, or his
designated agent of the person in charge |
26 | | that such
report has been made. Under no circumstances shall |
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1 | | any person in charge of
such institution, school, facility or |
2 | | agency, or church, synagogue, temple,
mosque, or other |
3 | | religious institution, or his
designated agent of the person |
4 | | in charge to whom
such notification has been made, exercise |
5 | | any control, restraint, modification
or other change in the |
6 | | report or the forwarding of such report to the
Department.
|
7 | | (f) In addition to the persons required to report |
8 | | suspected cases of child abuse or child neglect under this |
9 | | Section, any other person may make a report if such person has |
10 | | reasonable cause to believe a child may be an abused child or a |
11 | | neglected child. |
12 | | (g) The privileged quality of communication between any |
13 | | professional
person required to report
and the professional
|
14 | | person's his patient or client shall not apply to situations |
15 | | involving abused or
neglected children and shall not |
16 | | constitute grounds for failure to report
as required by this |
17 | | Act or constitute grounds for failure to share information or |
18 | | documents with the Department during the course of a child |
19 | | abuse or neglect investigation. If requested by the |
20 | | professional, the Department shall confirm in writing that the |
21 | | information or documents disclosed by the professional were |
22 | | gathered in the course of a child abuse or neglect |
23 | | investigation.
|
24 | | The reporting requirements of this Act shall not apply to |
25 | | the contents of a privileged communication between an attorney |
26 | | and the attorney's his or her client or to confidential |
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1 | | information within the meaning of Rule 1.6 of the Illinois |
2 | | Rules of Professional Conduct relating to the legal |
3 | | representation of an individual client. |
4 | | A member of the clergy may claim the privilege under |
5 | | Section 8-803 of the
Code of Civil Procedure.
|
6 | | (h) Any office, clinic, or any other physical location |
7 | | that provides abortions, abortion referrals, or contraceptives |
8 | | shall provide to all office personnel copies of written |
9 | | information and training materials about abuse and neglect and |
10 | | the requirements of this Act that are provided to employees of |
11 | | the office, clinic, or physical location who are required to |
12 | | make reports to the Department under this Act, and instruct |
13 | | such office personnel to bring to the attention of an employee |
14 | | of the office, clinic, or physical location who is required to |
15 | | make reports to the Department under this Act any reasonable |
16 | | suspicion that a child known to office personnel him or her in |
17 | | their his or her professional or official capacity may be an |
18 | | abused child or a neglected child.
|
19 | | (i) Any person who enters into
employment on and after |
20 | | July 1, 1986 and is mandated by virtue of that
employment to |
21 | | report under this Act, shall sign a statement on a form
|
22 | | prescribed by the Department, to the effect that the employee |
23 | | has knowledge
and understanding of the reporting requirements |
24 | | of this Act. On and after January 1, 2019, the statement
shall |
25 | | also include information about available mandated reporter |
26 | | training provided by the Department. The statement
shall be |
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1 | | signed prior to commencement of the employment. The signed
|
2 | | statement shall be retained by the employer. The cost of |
3 | | printing,
distribution, and filing of the statement shall be |
4 | | borne by the employer.
|
5 | | (j) Persons required to report child abuse or child |
6 | | neglect as provided under this Section must complete an |
7 | | initial mandated reporter training, including a section on |
8 | | implicit bias, within 3 months of their date of engagement in a |
9 | | professional or official capacity as a mandated reporter, or |
10 | | within the time frame of any other applicable State law that |
11 | | governs training requirements for a specific profession, and |
12 | | at least every 3 years thereafter. The initial requirement |
13 | | only applies to the first time they engage in their |
14 | | professional or official capacity. In lieu of training every 3 |
15 | | years, medical personnel, as listed in paragraph (1) of |
16 | | subsection (a), must meet the requirements described in |
17 | | subsection (k). |
18 | | The mandated reporter trainings shall be in-person or |
19 | | web-based, and shall include, at a minimum, information on the |
20 | | following topics: (i) indicators for recognizing child abuse |
21 | | and child neglect, as defined under this Act; (ii) the process |
22 | | for reporting suspected child abuse and child neglect in |
23 | | Illinois as required by this Act and the required |
24 | | documentation; (iii) responding to a child in a |
25 | | trauma-informed manner; and (iv) understanding the response of |
26 | | child protective services and the role of the reporter after a |
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1 | | call has been made. Child-serving organizations are encouraged |
2 | | to provide in-person annual trainings. |
3 | | The implicit bias section shall be in-person or web-based, |
4 | | and shall include, at a minimum, information on the following |
5 | | topics: (i) implicit bias and (ii) racial and ethnic |
6 | | sensitivity. As used in this subsection, "implicit bias" means |
7 | | the attitudes or internalized stereotypes that affect people's |
8 | | perceptions, actions, and decisions in an unconscious manner |
9 | | and that exist and often contribute to unequal treatment of |
10 | | people based on race, ethnicity, gender identity, sexual |
11 | | orientation, age, disability, and other characteristics. The |
12 | | implicit bias section shall provide tools to adjust automatic |
13 | | patterns of thinking and ultimately eliminate discriminatory |
14 | | behaviors. During these trainings mandated reporters shall |
15 | | complete the following: (1) a pretest to assess baseline |
16 | | implicit bias levels; (2) an implicit bias training task; and |
17 | | (3) a posttest to reevaluate bias levels after training. The |
18 | | implicit bias curriculum for mandated reporters shall be |
19 | | developed within one year after January 1, 2022 ( the effective |
20 | | date of Public Act 102-604) this amendatory Act of the 102nd |
21 | | General Assembly and shall be created in consultation with |
22 | | organizations demonstrating expertise and or experience in the |
23 | | areas of implicit bias, youth and adolescent developmental |
24 | | issues, prevention of child abuse, exploitation, and neglect, |
25 | | culturally diverse family systems, and the child welfare |
26 | | system. |
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1 | | The mandated reporter training, including a section on |
2 | | implicit bias, shall be provided through the Department, |
3 | | through an entity authorized to provide continuing education |
4 | | for professionals licensed through the Department of Financial |
5 | | and Professional Regulation, the State Board of Education, the |
6 | | Illinois Law Enforcement Training Standards Board, or the |
7 | | Illinois Department of State Police, or through an |
8 | | organization approved by the Department to provide mandated |
9 | | reporter training, including a section on implicit bias. The |
10 | | Department must make available a free web-based training for |
11 | | reporters. |
12 | | Each mandated reporter shall report to the mandated
|
13 | | reporter's his or her employer and, when applicable, to the
|
14 | | mandated reporter's his or her licensing or certification |
15 | | board that the mandated reporter he or she received the |
16 | | mandated reporter training. The mandated reporter shall |
17 | | maintain records of completion. |
18 | | Beginning January 1, 2021, if a mandated reporter receives |
19 | | licensure from the Department of Financial and Professional |
20 | | Regulation or the State Board of Education, and the mandated
|
21 | | reporter's his or her profession has continuing education |
22 | | requirements, the training mandated under this Section shall |
23 | | count toward meeting the licensee's required continuing |
24 | | education hours. |
25 | | (k)(1) Medical personnel, as listed in paragraph (1) of |
26 | | subsection (a), who work with children in their professional |
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1 | | or official capacity, must complete mandated reporter training |
2 | | at least every 6 years. Such medical personnel, if licensed, |
3 | | must attest at each time of licensure renewal on their renewal |
4 | | form that they understand they are a mandated reporter of |
5 | | child abuse and neglect, that they are aware of the process for |
6 | | making a report, that they know how to respond to a child in a |
7 | | trauma-informed manner, and that they are aware of the role of |
8 | | child protective services and the role of a reporter after a |
9 | | call has been made. |
10 | | (2) In lieu of repeated training, medical personnel, as |
11 | | listed in paragraph (1) of subsection (a), who do not work with |
12 | | children in their professional or official capacity, may |
13 | | instead attest each time at licensure renewal on their renewal |
14 | | form that they understand they are a mandated reporter of |
15 | | child abuse and neglect, that they are aware of the process for |
16 | | making a report, that they know how to respond to a child in a |
17 | | trauma-informed manner, and that they are aware of the role of |
18 | | child protective services and the role of a reporter after a |
19 | | call has been made. Nothing in this paragraph precludes |
20 | | medical personnel from completing mandated reporter training |
21 | | and receiving continuing education credits for that training. |
22 | | (l) The Department shall provide copies of this Act, upon |
23 | | request, to all
employers employing persons who shall be |
24 | | required under the provisions of
this Section to report under |
25 | | this Act.
|
26 | | (m) Any person who knowingly transmits a false report to |
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1 | | the Department
commits the offense of disorderly conduct under |
2 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of |
3 | | 2012. A violation of this provision is a Class 4 felony.
|
4 | | Any person who knowingly and willfully violates any |
5 | | provision of this
Section other than a second or subsequent |
6 | | violation of transmitting a
false report as described in the
|
7 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a |
8 | | first violation and a Class
4 felony for a
second or subsequent |
9 | | violation; except that if the person acted as part
of a plan or |
10 | | scheme having as its object the
prevention of discovery of an |
11 | | abused or neglected child by lawful authorities
for the
|
12 | | purpose of protecting or insulating any person or entity from |
13 | | arrest or
prosecution, the
person is guilty of a Class 4 felony |
14 | | for a first offense and a Class 3 felony
for a second or
|
15 | | subsequent offense (regardless of whether the second or |
16 | | subsequent offense
involves any
of the same facts or persons |
17 | | as the first or other prior offense).
|
18 | | (n) A child whose parent, guardian or custodian in good |
19 | | faith selects and depends
upon spiritual means through prayer |
20 | | alone for the treatment or cure of
disease or remedial care may |
21 | | be considered neglected or abused, but not for
the sole reason |
22 | | that the child's his parent, guardian or custodian accepts and
|
23 | | practices such beliefs.
|
24 | | (o) A child shall not be considered neglected or abused |
25 | | solely because the
child is not attending school in accordance |
26 | | with the requirements of
Article 26 of the School Code, as |
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1 | | amended.
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2 | | (p) Nothing in this Act prohibits a mandated reporter who |
3 | | reasonably believes that an animal is being abused or |
4 | | neglected in violation of the Humane Care for Animals Act from |
5 | | reporting animal abuse or neglect to the Department of |
6 | | Agriculture's Bureau of Animal Health and Welfare. |
7 | | (q) A home rule unit may not regulate the reporting of |
8 | | child abuse or neglect in a manner inconsistent with the |
9 | | provisions of this Section. This Section is a limitation under |
10 | | subsection (i) of Section 6 of Article VII of the Illinois |
11 | | Constitution on the concurrent exercise by home rule units of |
12 | | powers and functions exercised by the State. |
13 | | (r) For purposes of this Section "child abuse or neglect" |
14 | | includes abuse or neglect of an adult resident as defined in |
15 | | this Act. |
16 | | (Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22; |
17 | | 102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised |
18 | | 12-14-22.)
|
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 |
21 | | has reasonable
cause to suspect that a child has died as a |
22 | | result of abuse or neglect
shall also immediately report the |
23 | | person's his suspicion to the appropriate medical
examiner or |
24 | | coroner. Any other person who has reasonable cause to believe
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25 | | that a child has died as a result of abuse or neglect may |
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1 | | report the person's his
suspicion to the appropriate medical |
2 | | examiner or coroner. The medical
examiner or coroner shall |
3 | | investigate the report and communicate the medical examiner's |
4 | | or coroner's his
apparent gross findings, orally, immediately |
5 | | upon completion of the gross
autopsy, but in all cases within |
6 | | 72 hours and within
21 days in writing, to the local law |
7 | | enforcement agency, the appropriate
State's attorney, the |
8 | | Department and, if the institution making the report
is a |
9 | | hospital, the hospital. The child protective investigator |
10 | | assigned
to the death investigation shall have the right to |
11 | | require a copy of the
completed autopsy report from the |
12 | | coroner 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 |
16 | | life-threatening injury of child.
|
17 | | (a) In the case of the death or serious life-threatening |
18 | | injury of a child whose care and custody or custody
and |
19 | | guardianship has been transferred to the Department, or in the |
20 | | case
of a child abuse or neglect report made to the central |
21 | | register involving the
death of a child, the
Department shall |
22 | | (i) investigate or provide for an investigation of the cause
|
23 | | of and circumstances surrounding the death or serious |
24 | | life-threatening injury, (ii) review the investigation,
and |
25 | | (iii) prepare and issue a report on the death or serious |
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1 | | life-threatening injury.
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2 | | (b) The report shall include (i) the cause of death or |
3 | | serious life-threatening injury, whether from natural
or other |
4 | | causes, (ii) any
extraordinary or pertinent information |
5 | | concerning the circumstances of the
child's death or serious |
6 | | life-threatening injury, (iii) identification of child |
7 | | protective or other social services provided or actions taken |
8 | | regarding the child or the child's his or her family at the |
9 | | time of the death or serious life-threatening injury or within |
10 | | the preceding 5 years, (iv) any action or further |
11 | | investigation undertaken by the
Department since the death or |
12 | | serious life-threatening injury of the
child, (v) as |
13 | | appropriate, recommendations for State
administrative or |
14 | | policy changes, (vi) whether the alleged perpetrator of the |
15 | | abuse or neglect has been charged with committing a crime |
16 | | related to the report and allegation of abuse or neglect, and |
17 | | (vii) a copy of any documents, files, records, books, and |
18 | | papers created or used in connection with the Department's |
19 | | investigation of the death or serious life-threatening injury |
20 | | of the child. In any case involving the death or near death of |
21 | | a child, when a person responsible for the child has been |
22 | | charged with committing a crime that results in the child's |
23 | | death or near death, there shall be a presumption that the best |
24 | | interest of the public will be served by public disclosure of |
25 | | certain information concerning the circumstances of the |
26 | | investigations of the death or near death of the child and any |
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1 | | other investigations concerning that child or other children |
2 | | living in the same household.
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3 | | If the Department receives from the public a request for |
4 | | information relating to a case of child abuse or neglect |
5 | | involving the death or serious life-threatening injury of a |
6 | | child, the Director shall consult with the State's Attorney in |
7 | | the county of venue and release the report related to the case, |
8 | | except for the following, which may be redacted from the |
9 | | information disclosed to the public: any mental health or |
10 | | psychological information that is confidential as otherwise |
11 | | provided in State law; privileged communications of an |
12 | | attorney; the identity of the individual or individuals, if |
13 | | known, who made the report; information that may cause mental |
14 | | or physical harm to a sibling or another child living in the |
15 | | household; information that may undermine an ongoing criminal |
16 | | investigation; and any information prohibited from disclosure |
17 | | by federal law or regulation. Any information provided by an |
18 | | adult subject of a report that is released about the case in a |
19 | | public forum shall be subject to disclosure upon a public |
20 | | information request. Information about the case shall also be |
21 | | subject to disclosure upon consent of an adult subject. |
22 | | Information about the case shall also be subject to disclosure |
23 | | if it has been publicly disclosed in a report by a law |
24 | | enforcement agency or official, a State's Attorney, a judge, |
25 | | or any other State or local investigative agency or official. |
26 | | Except as it may apply directly to the cause of the death or |
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1 | | serious life-threatening injury of the
child, nothing
in this |
2 | | Section shall be deemed to authorize the release or disclosure |
3 | | to the
public of
the substance or content of any |
4 | | psychological, psychiatric, therapeutic,
clinical, or medical |
5 | | reports, evaluation, or like materials or information
|
6 | | pertaining to the child or the child's family.
|
7 | | (c) No later than 6 months after the date of the death or |
8 | | serious life-threatening injury of the child, the
Department |
9 | | shall notify the President of the Senate, the Minority Leader |
10 | | of
the Senate, the
Speaker of the House of Representatives, |
11 | | the Minority Leader of the House of
Representatives, and the |
12 | | members of the Senate and the House of Representatives
in |
13 | | whose district the child's death or serious life-threatening |
14 | | injury occurred upon the completion of each report
and
shall |
15 | | submit an annual cumulative report to the Governor and the |
16 | | General
Assembly incorporating cumulative data about the above |
17 | | reports and including appropriate
findings
and |
18 | | recommendations. The reports required by this subsection (c) |
19 | | shall be made available to the public
after completion or |
20 | | submittal.
|
21 | | (d) To enable the Department to prepare the report, the |
22 | | Department may
request and shall timely receive from |
23 | | departments, boards, bureaus, or other
agencies of the State, |
24 | | or any of its political subdivisions, or any duly
authorized |
25 | | agency, or any other agency which provided assistance, care, |
26 | | or
services to the deceased or injured child any information |
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1 | | they 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. |
5 | | Whenever the Department receives, by means of its statewide |
6 | | toll-free telephone number established under Section 7.6 for |
7 | | the purpose of reporting suspected child abuse or neglect or |
8 | | by any other means or from any mandated reporter under Section |
9 | | 4, a report of a newborn infant whose blood, urine, or meconium |
10 | | contains any amount of a controlled substance as defined in |
11 | | subsection (f) of Section 102 of the Illinois Controlled |
12 | | Substances Act or a metabolite thereof,
with the exception of |
13 | | a controlled substance or metabolite thereof whose
presence in |
14 | | the newborn infant is the result of medical treatment |
15 | | administered
to the person who gave birth mother or the |
16 | | newborn infant, the Department must immediately report that |
17 | | information to the State's Attorney of the county in which the |
18 | | infant 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; |
22 | | reporting child pornography. |
23 | | (a) In this Section: |
24 | | "Child pornography" means child pornography as described |
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1 | | in Section 11-20.1 of the Criminal Code of 2012. |
2 | | "Electronic and information technology equipment" means |
3 | | equipment used in the creation, manipulation, storage, |
4 | | display, or transmission of data, including internet and |
5 | | intranet systems, software applications, operating systems, |
6 | | video and multimedia, telecommunications products, kiosks, |
7 | | information transaction machines, copiers, printers, and |
8 | | desktop and portable computers. |
9 | | "Electronic and information technology equipment worker" |
10 | | means a person who in the scope and course of the person's his |
11 | | or her employment or business installs, repairs, or otherwise |
12 | | services electronic and information technology equipment for a |
13 | | fee but does not include (i) an employee, independent |
14 | | contractor, or other agent of a telecommunications carrier or |
15 | | telephone or telecommunications cooperative, as those terms |
16 | | are defined in the Public Utilities Act, or (ii) an employee, |
17 | | independent contractor, or other agent of a provider of |
18 | | commercial mobile radio service, as defined in 47 C.F.R. 20.3. |
19 | | (b) If an electronic and information technology equipment |
20 | | worker discovers any depiction of child pornography while |
21 | | installing, repairing, or otherwise servicing an item of |
22 | | electronic and information technology equipment, that worker |
23 | | or the worker's employer shall immediately report the |
24 | | discovery to the local law enforcement agency or to the Cyber |
25 | | Tipline at the National Center for Missing and & Exploited |
26 | | Children. |
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1 | | (c) If a report is filed in accordance with the |
2 | | requirements of 42 U.S.C. 13032, the requirements of this |
3 | | Section 4.5 will be deemed to have been met. |
4 | | (d) An electronic and information technology equipment |
5 | | worker or electronic and information technology equipment |
6 | | worker's employer who reports a discovery of child pornography |
7 | | as required under this Section is immune from any criminal, |
8 | | civil, or administrative liability in connection with making |
9 | | the report, except for willful or wanton misconduct. |
10 | | (e) Failure to report a discovery of child pornography as |
11 | | required under this Section is a business offense subject to a |
12 | | fine of $1,001.
|
13 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
14 | | (32 |