103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3512

 

Introduced 2/17/2023, by Rep. Adam M. Niemerg

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/5e
20 ILCS 520/1-30

    Amends the Children and Family Services Act. In provisions concerning the Advocacy Office for Children and Families, requires the Advocacy Office to designate for each foster child an employee with legal knowledge of the foster process to guide foster parents throughout the foster process and keep them informed of their rights and responsibilities. Amends the Foster Parent Law. Creates a private right of action under specified provisions of the Act concerning foster parent rights.


LRB103 30191 KTG 56619 b

 

 

A BILL FOR

 

HB3512LRB103 30191 KTG 56619 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 5e as follows:
 
6    (20 ILCS 505/5e)
7    Sec. 5e. Advocacy Office for Children and Families.
8    (a) The Department of Children and Family Services shall
9establish and maintain an Advocacy Office for Children and
10Families that shall, in addition to other duties assigned by
11the Director, receive and respond to complaints that may be
12filed by children, parents, caretakers, and relatives of
13children receiving child welfare services from the Department
14of Children and Family Services or its agents. The Department
15shall promulgate policies and procedures for filing,
16processing, investigating, and resolving the complaints. The
17Department shall make a final report to the complainant of its
18findings. If a final report is not completed, the Department
19shall report on its disposition every 30 days.
20    (b) If a youth in care, current foster parent or
21caregiver, or caseworker requests the information, the
22Advocacy Office shall make available the name, electronic mail
23address, and telephone number for each youth's court-appointed

 

 

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1guardian ad litem and, if applicable, the guardian ad litem's
2supervisor.
3    (c) The Advocacy Office shall include a statewide
4toll-free telephone number and an electronic mail address that
5may be used to file complaints, to obtain information about
6the delivery of child welfare services by the Department or
7its agents, and to obtain the contact information for the
8guardian ad litem. This telephone number and electronic mail
9address shall be included in all appropriate notices and
10handbooks regarding services available through the Department.
11    (d) The Department shall provide a flyer to all youth
12entering care describing the responsibilities of the Advocacy
13Office listed in this Section, the toll-free telephone number
14and electronic mailing address for the Advocacy Office, and a
15description of the role of a guardian ad litem. The Department
16shall also provide this flyer to youth at every administrative
17case review.
18    (e) The Advocacy Office shall designate for each foster
19child an employee with legal knowledge of the foster process
20to guide foster parents throughout the foster process and keep
21them informed of their rights and responsibilities.
22(Source: P.A. 102-208, eff. 7-30-21.)
 
23    Section 10. The Foster Parent Law is amended by changing
24Section 1-30 as follows:
 

 

 

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1    (20 ILCS 520/1-30)
2    Sec. 1-30. No private right of action or claim. Nothing in
3this Law shall be construed to create a private right of action
4or claim on the part of any individual or child welfare agency,
5except for paragraphs (6), (7.5), (10), and (11) of Section
61-15 of this Act.
7(Source: P.A. 89-19, eff. 6-3-95.)