SB1504enr 104TH GENERAL ASSEMBLY

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1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Children and Family Services Act is amended

5 by changing Sections 5 and 35.10 as follows:

6 (20 ILCS 505/5)

7 (Text of Section before amendment by P.A. 103-1061)

8 Sec. 5. Direct child welfare services; Department of

9 Children and Family Services. To provide direct child welfare

10 services when not available through other public or private

11 child care or program facilities.

12 (a) For purposes of this Section:

13 (1) "Children" means persons found within the State

14 who are under the age of 18 years. The term also includes

15 persons under age 21 who:

16 (A) were committed to the Department pursuant to

17 the Juvenile Court Act or the Juvenile Court Act of

18 1987 and who continue under the jurisdiction of the

19 court; or

20 (B) were accepted for care, service and training

21 by the Department prior to the age of 18 and whose best

22 interest in the discretion of the Department would be

23 served by continuing that care, service and training

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1 because of severe emotional disturbances, physical

2 disability, social adjustment or any combination

3 thereof, or because of the need to complete an

4 educational or vocational training program.

5 (2) "Homeless youth" means persons found within the

6 State who are under the age of 19, are not in a safe and

7 stable living situation and cannot be reunited with their

8 families.

9 (3) "Child welfare services" means public social

10 services which are directed toward the accomplishment of

11 the following purposes:

12 (A) protecting and promoting the health, safety

13 and welfare of children, including homeless,

14 dependent, or neglected children;

15 (B) remedying, or assisting in the solution of

16 problems which may result in, the neglect, abuse,

17 exploitation, or delinquency of children;

18 (C) preventing the unnecessary separation of

19 children from their families by identifying family

20 problems, assisting families in resolving their

21 problems, and preventing the breakup of the family

22 where the prevention of child removal is desirable and

23 possible when the child can be cared for at home

24 without endangering the child's health and safety;

25 (D) restoring to their families children who have

26 been removed, by the provision of services to the

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1 child and the families when the child can be cared for

2 at home without endangering the child's health and

3 safety;

4 (E) placing children in suitable permanent family

5 arrangements, through guardianship or adoption, in

6 cases where restoration to the birth family is not

7 safe, possible, or appropriate;

8 (F) at the time of placement, conducting

9 concurrent planning, as described in subsection (l-1)

10 of this Section, so that permanency may occur at the

11 earliest opportunity. Consideration should be given so

12 that if reunification fails or is delayed, the

13 placement made is the best available placement to

14 provide permanency for the child;

15 (G) (blank);

16 (H) (blank); and

17 (I) placing and maintaining children in facilities

18 that provide separate living quarters for children

19 under the age of 18 and for children 18 years of age

20 and older, unless a child 18 years of age is in the

21 last year of high school education or vocational

22 training, in an approved individual or group treatment

23 program, in a licensed shelter facility, or secure

24 child care facility. The Department is not required to

25 place or maintain children:

26 (i) who are in a foster home, or

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1 (ii) who are persons with a developmental

2 disability, as defined in the Mental Health and

3 Developmental Disabilities Code, or

4 (iii) who are female children who are

5 pregnant, pregnant and parenting, or parenting, or

6 (iv) who are siblings, in facilities that

7 provide separate living quarters for children 18

8 years of age and older and for children under 18

9 years of age.

10 (b) (Blank).

11 (b-5) The Department shall adopt rules to establish a

12 process for all licensed residential providers in Illinois to

13 submit data as required by the Department if they contract or

14 receive reimbursement for children's mental health, substance

15 use, and developmental disability services from the Department

16 of Human Services, the Department of Juvenile Justice, or the

17 Department of Healthcare and Family Services. The requested

18 data must include, but is not limited to, capacity, staffing,

19 and occupancy data for the purpose of establishing State need

20 and placement availability.

21 All information collected, shared, or stored pursuant to

22 this subsection shall be handled in accordance with all State

23 and federal privacy laws and accompanying regulations and

24 rules, including without limitation the federal Health

25 Insurance Portability and Accountability Act of 1996 (Public

26 Law 104-191) and the Mental Health and Developmental

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1 Disabilities Confidentiality Act.

2 (c) The Department shall establish and maintain

3 tax-supported child welfare services and extend and seek to

4 improve voluntary services throughout the State, to the end

5 that services and care shall be available on an equal basis

6 throughout the State to children requiring such services.

7 (d) The Director may authorize advance disbursements for

8 any new program initiative to any agency contracting with the

9 Department. As a prerequisite for an advance disbursement, the

10 contractor must post a surety bond in the amount of the advance

11 disbursement and have a purchase of service contract approved

12 by the Department. The Department may pay up to 2 months

13 operational expenses in advance. The amount of the advance

14 disbursement shall be prorated over the life of the contract

15 or the remaining months of the fiscal year, whichever is less,

16 and the installment amount shall then be deducted from future

17 bills. Advance disbursement authorizations for new initiatives

18 shall not be made to any agency after that agency has operated

19 during 2 consecutive fiscal years. The requirements of this

20 Section concerning advance disbursements shall not apply with

21 respect to the following: payments to local public agencies

22 for child day care services as authorized by Section 5a of this

23 Act; and youth service programs receiving grant funds under

24 Section 17a-4.

25 (e) (Blank).

26 (f) (Blank).

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1 (g) The Department shall establish rules and regulations

2 concerning its operation of programs designed to meet the

3 goals of child safety and protection, family preservation,

4 family reunification, and adoption, including, but not limited

5 to:

6 (1) adoption;

7 (2) foster care;

8 (3) family counseling;

9 (4) protective services;

10 (5) (blank);

11 (6) homemaker service;

12 (7) return of runaway children;

13 (8) (blank);

14 (9) placement under Section 5-7 of the Juvenile Court

15 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

16 Court Act of 1987 in accordance with the federal Adoption

17 Assistance and Child Welfare Act of 1980; and

18 (10) interstate services.

19 Rules and regulations established by the Department shall

20 include provisions for training Department staff and the staff

21 of Department grantees, through contracts with other agencies

22 or resources, in screening techniques to identify substance

23 use disorders, as defined in the Substance Use Disorder Act,

24 approved by the Department of Human Services, as a successor

25 to the Department of Alcoholism and Substance Abuse, for the

26 purpose of identifying children and adults who should be

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1 referred for an assessment at an organization appropriately

2 licensed by the Department of Human Services for substance use

3 disorder treatment.

4 (h) If the Department finds that there is no appropriate

5 program or facility within or available to the Department for

6 a youth in care and that no licensed private facility has an

7 adequate and appropriate program or none agrees to accept the

8 youth in care, the Department shall create an appropriate

9 individualized, program-oriented plan for such youth in care.

10 The plan may be developed within the Department or through

11 purchase of services by the Department to the extent that it is

12 within its statutory authority to do.

13 (i) Service programs shall be available throughout the

14 State and shall include but not be limited to the following

15 services:

16 (1) case management;

17 (2) homemakers;

18 (3) counseling;

19 (4) parent education;

20 (5) day care; and

21 (6) emergency assistance and advocacy.

22 In addition, the following services may be made available

23 to assess and meet the needs of children and families:

24 (1) comprehensive family-based services;

25 (2) assessments;

26 (3) respite care; and

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1 (4) in-home health services.

2 The Department shall provide transportation for any of the

3 services it makes available to children or families or for

4 which it refers children or families.

5 (j) The Department may provide categories of financial

6 assistance and education assistance grants, and shall

7 establish rules and regulations concerning the assistance and

8 grants, to persons who adopt children with physical or mental

9 disabilities, children who are older, or other hard-to-place

10 children who (i) immediately prior to their adoption were

11 youth in care or (ii) were determined eligible for financial

12 assistance with respect to a prior adoption and who become

13 available for adoption because the prior adoption has been

14 dissolved and the parental rights of the adoptive parents have

15 been terminated or because the child's adoptive parents have

16 died. The Department may continue to provide financial

17 assistance and education assistance grants for a child who was

18 determined eligible for financial assistance under this

19 subsection (j) in the interim period beginning when the

20 child's adoptive parents died and ending with the finalization

21 of the new adoption of the child by another adoptive parent or

22 parents. The Department may also provide categories of

23 financial assistance and education assistance grants, and

24 shall establish rules and regulations for the assistance and

25 grants, to persons appointed guardian of the person under

26 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

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1 4-25, or 5-740 of the Juvenile Court Act of 1987 for children

2 who were youth in care for 12 months immediately prior to the

3 appointment of the guardian.

4 The amount of assistance may vary, depending upon the

5 needs of the child and the adoptive parents, as set forth in

6 the annual assistance agreement. Special purpose grants are

7 allowed where the child requires special service but such

8 costs may not exceed the amounts which similar services would

9 cost the Department if it were to provide or secure them as

10 guardian of the child.

11 Any financial assistance provided under this subsection is

12 inalienable by assignment, sale, execution, attachment,

13 garnishment, or any other remedy for recovery or collection of

14 a judgment or debt.

15 (j-5) The Department shall not deny or delay the placement

16 of a child for adoption if an approved family is available

17 either outside of the Department region handling the case, or

18 outside of the State of Illinois.

19 (k) The Department shall accept for care and training any

20 child who has been adjudicated neglected or abused, or

21 dependent committed to it pursuant to the Juvenile Court Act

22 or the Juvenile Court Act of 1987.

23 (l) The Department shall offer family preservation

24 services, as defined in Section 8.2 of the Abused and

25 Neglected Child Reporting Act, to help families, including

26 adoptive and extended families. Family preservation services

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1 shall be offered (i) to prevent the placement of children in

2 substitute care when the children can be cared for at home or

3 in the custody of the person responsible for the children's

4 welfare, (ii) to reunite children with their families, or

5 (iii) to maintain an adoptive placement. Family preservation

6 services shall only be offered when doing so will not endanger

7 the children's health or safety. With respect to children who

8 are in substitute care pursuant to the Juvenile Court Act of

9 1987, family preservation services shall not be offered if a

10 goal other than those of subdivisions (A), (B), or (B-1) of

11 subsection (2) of Section 2-28 of that Act has been set, except

12 that reunification services may be offered as provided in

13 paragraph (F) of subsection (2) of Section 2-28 of that Act.

14 Nothing in this paragraph shall be construed to create a

15 private right of action or claim on the part of any individual

16 or child welfare agency, except that when a child is the

17 subject of an action under Article II of the Juvenile Court Act

18 of 1987 and the child's service plan calls for services to

19 facilitate achievement of the permanency goal, the court

20 hearing the action under Article II of the Juvenile Court Act

21 of 1987 may order the Department to provide the services set

22 out in the plan, if those services are not provided with

23 reasonable promptness and if those services are available.

24 The Department shall notify the child and the child's

25 family of the Department's responsibility to offer and provide

26 family preservation services as identified in the service

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1 plan. The child and the child's family shall be eligible for

2 services as soon as the report is determined to be

3 "indicated". The Department may offer services to any child or

4 family with respect to whom a report of suspected child abuse

5 or neglect has been filed, prior to concluding its

6 investigation under Section 7.12 of the Abused and Neglected

7 Child Reporting Act. However, the child's or family's

8 willingness to accept services shall not be considered in the

9 investigation. The Department may also provide services to any

10 child or family who is the subject of any report of suspected

11 child abuse or neglect or may refer such child or family to

12 services available from other agencies in the community, even

13 if the report is determined to be unfounded, if the conditions

14 in the child's or family's home are reasonably likely to

15 subject the child or family to future reports of suspected

16 child abuse or neglect. Acceptance of such services shall be

17 voluntary. The Department may also provide services to any

18 child or family after completion of a family assessment, as an

19 alternative to an investigation, as provided under the

20 "differential response program" provided for in subsection

21 (a-5) of Section 7.4 of the Abused and Neglected Child

22 Reporting Act.

23 The Department may, at its discretion except for those

24 children also adjudicated neglected or dependent, accept for

25 care and training any child who has been adjudicated addicted,

26 as a truant minor in need of supervision or as a minor

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1 requiring authoritative intervention, under the Juvenile Court

2 Act or the Juvenile Court Act of 1987, but no such child shall

3 be committed to the Department by any court without the

4 approval of the Department. On and after January 1, 2015 (the

5 effective date of Public Act 98-803) and before January 1,

6 2017, a minor charged with a criminal offense under the

7 Criminal Code of 1961 or the Criminal Code of 2012 or

8 adjudicated delinquent shall not be placed in the custody of

9 or committed to the Department by any court, except (i) a minor

10 less than 16 years of age committed to the Department under

11 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

12 for whom an independent basis of abuse, neglect, or dependency

13 exists, which must be defined by departmental rule, or (iii) a

14 minor for whom the court has granted a supplemental petition

15 to reinstate wardship pursuant to subsection (2) of Section

16 2-33 of the Juvenile Court Act of 1987. On and after January 1,

17 2017, a minor charged with a criminal offense under the

18 Criminal Code of 1961 or the Criminal Code of 2012 or

19 adjudicated delinquent shall not be placed in the custody of

20 or committed to the Department by any court, except (i) a minor

21 less than 15 years of age committed to the Department under

22 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

23 for whom an independent basis of abuse, neglect, or dependency

24 exists, which must be defined by departmental rule, or (iii) a

25 minor for whom the court has granted a supplemental petition

26 to reinstate wardship pursuant to subsection (2) of Section

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1 2-33 of the Juvenile Court Act of 1987. An independent basis

2 exists when the allegations or adjudication of abuse, neglect,

3 or dependency do not arise from the same facts, incident, or

4 circumstances which give rise to a charge or adjudication of

5 delinquency. The Department shall assign a caseworker to

6 attend any hearing involving a youth in the care and custody of

7 the Department who is placed on aftercare release, including

8 hearings involving sanctions for violation of aftercare

9 release conditions and aftercare release revocation hearings.

10 As soon as is possible after August 7, 2009 (the effective

11 date of Public Act 96-134), the Department shall develop and

12 implement a special program of family preservation services to

13 support intact, foster, and adoptive families who are

14 experiencing extreme hardships due to the difficulty and

15 stress of caring for a child who has been diagnosed with a

16 pervasive developmental disorder if the Department determines

17 that those services are necessary to ensure the health and

18 safety of the child. The Department may offer services to any

19 family whether or not a report has been filed under the Abused

20 and Neglected Child Reporting Act. The Department may refer

21 the child or family to services available from other agencies

22 in the community if the conditions in the child's or family's

23 home are reasonably likely to subject the child or family to

24 future reports of suspected child abuse or neglect. Acceptance

25 of these services shall be voluntary. The Department shall

26 develop and implement a public information campaign to alert

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1 health and social service providers and the general public

2 about these special family preservation services. The nature

3 and scope of the services offered and the number of families

4 served under the special program implemented under this

5 paragraph shall be determined by the level of funding that the

6 Department annually allocates for this purpose. The term

7 "pervasive developmental disorder" under this paragraph means

8 a neurological condition, including, but not limited to,

9 Asperger's Syndrome and autism, as defined in the most recent

10 edition of the Diagnostic and Statistical Manual of Mental

11 Disorders of the American Psychiatric Association.

12 (l-1) The General Assembly recognizes that the best

13 interests of the child require that the child be placed in the

14 most permanent living arrangement as soon as is practically

15 possible. To achieve this goal, the General Assembly directs

16 the Department of Children and Family Services to conduct

17 concurrent planning so that permanency may occur at the

18 earliest opportunity. Permanent living arrangements may

19 include prevention of placement of a child outside the home of

20 the family when the child can be cared for at home without

21 endangering the child's health or safety; reunification with

22 the family, when safe and appropriate, if temporary placement

23 is necessary; or movement of the child toward the most

24 permanent living arrangement and permanent legal status.

25 When determining reasonable efforts to be made with

26 respect to a child, as described in this subsection, and in

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1 making such reasonable efforts, the child's health and safety

2 shall be the paramount concern.

3 When a child is placed in foster care, the Department

4 shall ensure and document that reasonable efforts were made to

5 prevent or eliminate the need to remove the child from the

6 child's home. The Department must make reasonable efforts to

7 reunify the family when temporary placement of the child

8 occurs unless otherwise required, pursuant to the Juvenile

9 Court Act of 1987. At any time after the dispositional hearing

10 where the Department believes that further reunification

11 services would be ineffective, it may request a finding from

12 the court that reasonable efforts are no longer appropriate.

13 The Department is not required to provide further

14 reunification services after such a finding.

15 A decision to place a child in substitute care shall be

16 made with considerations of the child's health, safety, and

17 best interests. At the time of placement, consideration should

18 also be given so that if reunification fails or is delayed, the

19 placement made is the best available placement to provide

20 permanency for the child.

21 The Department shall adopt rules addressing concurrent

22 planning for reunification and permanency. The Department

23 shall consider the following factors when determining

24 appropriateness of concurrent planning:

25 (1) the likelihood of prompt reunification;

26 (2) the past history of the family;

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1 (3) the barriers to reunification being addressed by

2 the family;

3 (4) the level of cooperation of the family;

4 (5) the foster parents' willingness to work with the

5 family to reunite;

6 (6) the willingness and ability of the foster family

7 to provide an adoptive home or long-term placement;

8 (7) the age of the child;

9 (8) placement of siblings.

10 (m) The Department may assume temporary custody of any

11 child if:

12 (1) it has received a written consent to such

13 temporary custody signed by the parents of the child or by

14 the parent having custody of the child if the parents are

15 not living together or by the guardian or custodian of the

16 child if the child is not in the custody of either parent,

17 or

18 (2) the child is found in the State and neither a

19 parent, guardian nor custodian of the child can be

20 located.

21 If the child is found in the child's residence without a

22 parent, guardian, custodian, or responsible caretaker, the

23 Department may, instead of removing the child and assuming

24 temporary custody, place an authorized representative of the

25 Department in that residence until such time as a parent,

26 guardian, or custodian enters the home and expresses a

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1 willingness and apparent ability to ensure the child's health

2 and safety and resume permanent charge of the child, or until a

3 relative enters the home and is willing and able to ensure the

4 child's health and safety and assume charge of the child until

5 a parent, guardian, or custodian enters the home and expresses

6 such willingness and ability to ensure the child's safety and

7 resume permanent charge. After a caretaker has remained in the

8 home for a period not to exceed 12 hours, the Department must

9 follow those procedures outlined in Section 2-9, 3-11, 4-8, or

10 5-415 of the Juvenile Court Act of 1987.

11 The Department shall have the authority, responsibilities

12 and duties that a legal custodian of the child would have

13 pursuant to subsection (9) of Section 1-3 of the Juvenile

14 Court Act of 1987. Whenever a child is taken into temporary

15 custody pursuant to an investigation under the Abused and

16 Neglected Child Reporting Act, or pursuant to a referral and

17 acceptance under the Juvenile Court Act of 1987 of a minor in

18 limited custody, the Department, during the period of

19 temporary custody and before the child is brought before a

20 judicial officer as required by Section 2-9, 3-11, 4-8, or

21 5-415 of the Juvenile Court Act of 1987, shall have the

22 authority, responsibilities and duties that a legal custodian

23 of the child would have under subsection (9) of Section 1-3 of

24 the Juvenile Court Act of 1987.

25 The Department shall ensure that any child taken into

26 custody is scheduled for an appointment for a medical

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1 examination.

2 A parent, guardian, or custodian of a child in the

3 temporary custody of the Department who would have custody of

4 the child if the child were not in the temporary custody of the

5 Department may deliver to the Department a signed request that

6 the Department surrender the temporary custody of the child.

7 The Department may retain temporary custody of the child for

8 10 days after the receipt of the request, during which period

9 the Department may cause to be filed a petition pursuant to the

10 Juvenile Court Act of 1987. If a petition is so filed, the

11 Department shall retain temporary custody of the child until

12 the court orders otherwise. If a petition is not filed within

13 the 10-day period, the child shall be surrendered to the

14 custody of the requesting parent, guardian, or custodian not

15 later than the expiration of the 10-day period, at which time

16 the authority and duties of the Department with respect to the

17 temporary custody of the child shall terminate.

18 (m-1) The Department may place children under 18 years of

19 age in a secure child care facility licensed by the Department

20 that cares for children who are in need of secure living

21 arrangements for their health, safety, and well-being after a

22 determination is made by the facility director and the

23 Director or the Director's designate prior to admission to the

24 facility subject to Section 2-27.1 of the Juvenile Court Act

25 of 1987. This subsection (m-1) does not apply to a child who is

26 subject to placement in a correctional facility operated

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1 pursuant to Section 3-15-2 of the Unified Code of Corrections,

2 unless the child is a youth in care who was placed in the care

3 of the Department before being subject to placement in a

4 correctional facility and a court of competent jurisdiction

5 has ordered placement of the child in a secure care facility.

6 (n) The Department may place children under 18 years of

7 age in licensed child care facilities when in the opinion of

8 the Department, appropriate services aimed at family

9 preservation have been unsuccessful and cannot ensure the

10 child's health and safety or are unavailable and such

11 placement would be for their best interest. Payment for board,

12 clothing, care, training and supervision of any child placed

13 in a licensed child care facility may be made by the

14 Department, by the parents or guardians of the estates of

15 those children, or by both the Department and the parents or

16 guardians, except that no payments shall be made by the

17 Department for any child placed in a licensed child care

18 facility for board, clothing, care, training, and supervision

19 of such a child that exceed the average per capita cost of

20 maintaining and of caring for a child in institutions for

21 dependent or neglected children operated by the Department.

22 However, such restriction on payments does not apply in cases

23 where children require specialized care and treatment for

24 problems of severe emotional disturbance, physical disability,

25 social adjustment, or any combination thereof and suitable

26 facilities for the placement of such children are not

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1 available at payment rates within the limitations set forth in

2 this Section. All reimbursements for services delivered shall

3 be absolutely inalienable by assignment, sale, attachment, or

4 garnishment or otherwise.

5 (n-1) The Department shall provide or authorize child

6 welfare services, aimed at assisting minors to achieve

7 sustainable self-sufficiency as independent adults, for any

8 minor eligible for the reinstatement of wardship pursuant to

9 subsection (2) of Section 2-33 of the Juvenile Court Act of

10 1987, whether or not such reinstatement is sought or allowed,

11 provided that the minor consents to such services and has not

12 yet attained the age of 21. The Department shall have

13 responsibility for the development and delivery of services

14 under this Section. An eligible youth may access services

15 under this Section through the Department of Children and

16 Family Services or by referral from the Department of Human

17 Services. Youth participating in services under this Section

18 shall cooperate with the assigned case manager in developing

19 an agreement identifying the services to be provided and how

20 the youth will increase skills to achieve self-sufficiency. A

21 homeless shelter is not considered appropriate housing for any

22 youth receiving child welfare services under this Section. The

23 Department shall continue child welfare services under this

24 Section to any eligible minor until the minor becomes 21 years

25 of age, no longer consents to participate, or achieves

26 self-sufficiency as identified in the minor's service plan.

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1 The Department of Children and Family Services shall create

2 clear, readable notice of the rights of former foster youth to

3 child welfare services under this Section and how such

4 services may be obtained. The Department of Children and

5 Family Services and the Department of Human Services shall

6 disseminate this information statewide. The Department shall

7 adopt regulations describing services intended to assist

8 minors in achieving sustainable self-sufficiency as

9 independent adults.

10 (o) The Department shall establish an administrative

11 review and appeal process for children and families who

12 request or receive child welfare services from the Department.

13 Youth in care who are placed by private child welfare

14 agencies, and foster families with whom those youth are

15 placed, shall be afforded the same procedural and appeal

16 rights as children and families in the case of placement by the

17 Department, including the right to an initial review of a

18 private agency decision by that agency. The Department shall

19 ensure that any private child welfare agency, which accepts

20 youth in care for placement, affords those rights to children

21 and foster families. The Department shall accept for

22 administrative review and an appeal hearing a complaint made

23 by (i) a child or foster family concerning a decision

24 following an initial review by a private child welfare agency

25 or (ii) a prospective adoptive parent who alleges a violation

26 of subsection (j-5) of this Section. An appeal of a decision

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1 concerning a change in the placement of a child shall be

2 conducted in an expedited manner. A court determination that a

3 current foster home placement is necessary and appropriate

4 under Section 2-28 of the Juvenile Court Act of 1987 does not

5 constitute a judicial determination on the merits of an

6 administrative appeal, filed by a former foster parent,

7 involving a change of placement decision.

8 (p) (Blank).

9 (q) The Department may receive and use, in their entirety,

10 for the benefit of children any gift, donation, or bequest of

11 money or other property which is received on behalf of such

12 children, or any financial benefits to which such children are

13 or may become entitled while under the jurisdiction or care of

14 the Department, except that the benefits described in Section

15 5.46 must be used and conserved consistent with the provisions

16 under Section 5.46.

17 The Department shall set up and administer no-cost,

18 interest-bearing accounts in appropriate financial

19 institutions for children for whom the Department is legally

20 responsible and who have been determined eligible for

21 Veterans' Benefits, Social Security benefits, assistance

22 allotments from the armed forces, court ordered payments,

23 parental voluntary payments, Supplemental Security Income,

24 Railroad Retirement payments, Black Lung benefits, or other

25 miscellaneous payments. Interest earned by each account shall

26 be credited to the account, unless disbursed in accordance

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1 with this subsection.

2 In disbursing funds from children's accounts, the

3 Department shall:

4 (1) Establish standards in accordance with State and

5 federal laws for disbursing money from children's

6 accounts. In all circumstances, the Department's

7 Guardianship Administrator or the Guardianship

8 Administrator's designee must approve disbursements from

9 children's accounts. The Department shall be responsible

10 for keeping complete records of all disbursements for each

11 account for any purpose.

12 (2) Calculate on a monthly basis the amounts paid from

13 State funds for the child's board and care, medical care

14 not covered under Medicaid, and social services; and

15 utilize funds from the child's account, as covered by

16 regulation, to reimburse those costs. Monthly,

17 disbursements from all children's accounts, up to 1/12 of

18 $13,000,000, shall be deposited by the Department into the

19 General Revenue Fund and the balance over 1/12 of

20 $13,000,000 into the DCFS Children's Services Fund.

21 (3) Maintain any balance remaining after reimbursing

22 for the child's costs of care, as specified in item (2).

23 The balance shall accumulate in accordance with relevant

24 State and federal laws and shall be disbursed to the child

25 or the child's guardian or to the issuing agency.

26 (r) The Department shall promulgate regulations

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1 encouraging all adoption agencies to voluntarily forward to

2 the Department or its agent names and addresses of all persons

3 who have applied for and have been approved for adoption of a

4 hard-to-place child or child with a disability and the names

5 of such children who have not been placed for adoption. A list

6 of such names and addresses shall be maintained by the

7 Department or its agent, and coded lists which maintain the

8 confidentiality of the person seeking to adopt the child and

9 of the child shall be made available, without charge, to every

10 adoption agency in the State to assist the agencies in placing

11 such children for adoption. The Department may delegate to an

12 agent its duty to maintain and make available such lists. The

13 Department shall ensure that such agent maintains the

14 confidentiality of the person seeking to adopt the child and

15 of the child.

16 (s) The Department of Children and Family Services may

17 establish and implement a program to reimburse Department and

18 private child welfare agency foster parents licensed by the

19 Department of Children and Family Services for damages

20 sustained by the foster parents as a result of the malicious or

21 negligent acts of foster children, as well as providing third

22 party coverage for such foster parents with regard to actions

23 of foster children to other individuals. Such coverage will be

24 secondary to the foster parent liability insurance policy, if

25 applicable. The program shall be funded through appropriations

26 from the General Revenue Fund, specifically designated for

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1 such purposes.

2 (t) The Department shall perform home studies and

3 investigations and shall exercise supervision over visitation

4 as ordered by a court pursuant to the Illinois Marriage and

5 Dissolution of Marriage Act or the Adoption Act only if:

6 (1) an order entered by an Illinois court specifically

7 directs the Department to perform such services; and

8 (2) the court has ordered one or both of the parties to

9 the proceeding to reimburse the Department for its

10 reasonable costs for providing such services in accordance

11 with Department rules, or has determined that neither

12 party is financially able to pay.

13 The Department shall provide written notification to the

14 court of the specific arrangements for supervised visitation

15 and projected monthly costs within 60 days of the court order.

16 The Department shall send to the court information related to

17 the costs incurred except in cases where the court has

18 determined the parties are financially unable to pay. The

19 court may order additional periodic reports as appropriate.

20 (u) In addition to other information that must be

21 provided, whenever the Department places a child with a

22 prospective adoptive parent or parents, in a licensed foster

23 home, group home, or child care institution, or in a relative

24 home, the Department shall provide to the prospective adoptive

25 parent or parents or other caretaker:

26 (1) available detailed information concerning the

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1 child's educational and health history, copies of

2 immunization records (including insurance and medical card

3 information), a history of the child's previous

4 placements, if any, and reasons for placement changes

5 excluding any information that identifies or reveals the

6 location of any previous caretaker;

7 (2) a copy of the child's portion of the client

8 service plan, including any visitation arrangement, and

9 all amendments or revisions to it as related to the child;

10 and

11 (3) information containing details of the child's

12 individualized educational plan when the child is

13 receiving special education services.

14 The caretaker shall be informed of any known social or

15 behavioral information (including, but not limited to,

16 criminal background, fire setting, perpetuation of sexual

17 abuse, destructive behavior, and substance abuse) necessary to

18 care for and safeguard the children to be placed or currently

19 in the home. The Department may prepare a written summary of

20 the information required by this paragraph, which may be

21 provided to the foster or prospective adoptive parent in

22 advance of a placement. The foster or prospective adoptive

23 parent may review the supporting documents in the child's file

24 in the presence of casework staff. In the case of an emergency

25 placement, casework staff shall at least provide known

26 information verbally, if necessary, and must subsequently

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1 provide the information in writing as required by this

2 subsection.

3 The information described in this subsection shall be

4 provided in writing. In the case of emergency placements when

5 time does not allow prior review, preparation, and collection

6 of written information, the Department shall provide such

7 information as it becomes available. Within 10 business days

8 after placement, the Department shall obtain from the

9 prospective adoptive parent or parents or other caretaker a

10 signed verification of receipt of the information provided.

11 Within 10 business days after placement, the Department shall

12 provide to the child's guardian ad litem a copy of the

13 information provided to the prospective adoptive parent or

14 parents or other caretaker. The information provided to the

15 prospective adoptive parent or parents or other caretaker

16 shall be reviewed and approved regarding accuracy at the

17 supervisory level.

18 (u-5) Effective July 1, 1995, only foster care placements

19 licensed as foster family homes pursuant to the Child Care Act

20 of 1969 shall be eligible to receive foster care payments from

21 the Department. Relative caregivers who, as of July 1, 1995,

22 were approved pursuant to approved relative placement rules

23 previously promulgated by the Department at 89 Ill. Adm. Code

24 335 and had submitted an application for licensure as a foster

25 family home may continue to receive foster care payments only

26 until the Department determines that they may be licensed as a

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1 foster family home or that their application for licensure is

2 denied or until September 30, 1995, whichever occurs first.

3 (v) The Department shall access criminal history record

4 information as defined in the Illinois Uniform Conviction

5 Information Act and information maintained in the adjudicatory

6 and dispositional record system as defined in Section 2605-355

7 of the Illinois State Police Law if the Department determines

8 the information is necessary to perform its duties under the

9 Abused and Neglected Child Reporting Act, the Child Care Act

10 of 1969, and the Children and Family Services Act. The

11 Department shall provide for interactive computerized

12 communication and processing equipment that permits direct

13 on-line communication with the Illinois State Police's central

14 criminal history data repository. The Department shall comply

15 with all certification requirements and provide certified

16 operators who have been trained by personnel from the Illinois

17 State Police. In addition, one Office of the Inspector General

18 investigator shall have training in the use of the criminal

19 history information access system and have access to the

20 terminal. The Department of Children and Family Services and

21 its employees shall abide by rules and regulations established

22 by the Illinois State Police relating to the access and

23 dissemination of this information.

24 (v-1) Prior to final approval for placement of a child,

25 the Department shall conduct a criminal records background

26 check of the prospective foster or adoptive parent, including

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1 fingerprint-based checks of national crime information

2 databases. Final approval for placement shall not be granted

3 if the record check reveals a felony conviction for child

4 abuse or neglect, for spousal abuse, for a crime against

5 children, or for a crime involving violence, including rape,

6 sexual assault, or homicide, but not including other physical

7 assault or battery, or if there is a felony conviction for

8 physical assault, battery, or a drug-related offense committed

9 within the past 5 years.

10 (v-2) Prior to final approval for placement of a child,

11 the Department shall check its child abuse and neglect

12 registry for information concerning prospective foster and

13 adoptive parents, and any adult living in the home. If any

14 prospective foster or adoptive parent or other adult living in

15 the home has resided in another state in the preceding 5 years,

16 the Department shall request a check of that other state's

17 child abuse and neglect registry.

18 (w) Within 120 days of August 20, 1995 (the effective date

19 of Public Act 89-392), the Department shall prepare and submit

20 to the Governor and the General Assembly, a written plan for

21 the development of in-state licensed secure child care

22 facilities that care for children who are in need of secure

23 living arrangements for their health, safety, and well-being.

24 For purposes of this subsection, secure care facility shall

25 mean a facility that is designed and operated to ensure that

26 all entrances and exits from the facility, a building or a

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1 distinct part of the building, are under the exclusive control

2 of the staff of the facility, whether or not the child has the

3 freedom of movement within the perimeter of the facility,

4 building, or distinct part of the building. The plan shall

5 include descriptions of the types of facilities that are

6 needed in Illinois; the cost of developing these secure care

7 facilities; the estimated number of placements; the potential

8 cost savings resulting from the movement of children currently

9 out-of-state who are projected to be returned to Illinois; the

10 necessary geographic distribution of these facilities in

11 Illinois; and a proposed timetable for development of such

12 facilities.

13 (x) The Department shall conduct annual credit history

14 checks to determine the financial history of children placed

15 under its guardianship pursuant to the Juvenile Court Act of

16 1987. The Department shall conduct such credit checks starting

17 when a youth in care turns 12 years old and each year

18 thereafter for the duration of the guardianship as terminated

19 pursuant to the Juvenile Court Act of 1987. The Department

20 shall determine if financial exploitation of the child's

21 personal information has occurred. If financial exploitation

22 appears to have taken place or is presently ongoing, the

23 Department shall notify the proper law enforcement agency, the

24 proper State's Attorney, or the Attorney General.

25 (y) Beginning on July 22, 2010 (the effective date of

26 Public Act 96-1189), a child with a disability who receives

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1 residential and educational services from the Department shall

2 be eligible to receive transition services in accordance with

3 Article 14 of the School Code from the age of 14.5 through age

4 21, inclusive, notwithstanding the child's residential

5 services arrangement. For purposes of this subsection, "child

6 with a disability" means a child with a disability as defined

7 by the federal Individuals with Disabilities Education

8 Improvement Act of 2004.

9 (z) The Department shall access criminal history record

10 information as defined as "background information" in this

11 subsection and criminal history record information as defined

12 in the Illinois Uniform Conviction Information Act for each

13 Department employee or Department applicant. Each Department

14 employee or Department applicant shall submit the employee's

15 or applicant's fingerprints to the Illinois State Police in

16 the form and manner prescribed by the Illinois State Police.

17 These fingerprints shall be checked against the fingerprint

18 records now and hereafter filed in the Illinois State Police

19 and the Federal Bureau of Investigation criminal history

20 records databases. The Illinois State Police shall charge a

21 fee for conducting the criminal history record check, which

22 shall be deposited into the State Police Services Fund and

23 shall not exceed the actual cost of the record check. The

24 Illinois State Police shall furnish, pursuant to positive

25 identification, all Illinois conviction information to the

26 Department of Children and Family Services.

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1 For purposes of this subsection:

2 "Background information" means all of the following:

3 (i) Upon the request of the Department of Children and

4 Family Services, conviction information obtained from the

5 Illinois State Police as a result of a fingerprint-based

6 criminal history records check of the Illinois criminal

7 history records database and the Federal Bureau of

8 Investigation criminal history records database concerning

9 a Department employee or Department applicant.

10 (ii) Information obtained by the Department of

11 Children and Family Services after performing a check of

12 the Illinois State Police's Sex Offender Database, as

13 authorized by Section 120 of the Sex Offender Community

14 Notification Law, concerning a Department employee or

15 Department applicant.

16 (iii) Information obtained by the Department of

17 Children and Family Services after performing a check of

18 the Child Abuse and Neglect Tracking System (CANTS)

19 operated and maintained by the Department.

20 "Department employee" means a full-time or temporary

21 employee coded or certified within the State of Illinois

22 Personnel System.

23 "Department applicant" means an individual who has

24 conditional Department full-time or part-time work, a

25 contractor, an individual used to replace or supplement staff,

26 an academic intern, a volunteer in Department offices or on

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1 Department contracts, a work-study student, an individual or

2 entity licensed by the Department, or an unlicensed service

3 provider who works as a condition of a contract or an agreement

4 and whose work may bring the unlicensed service provider into

5 contact with Department clients or client records.

6 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

7 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.

8 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)

9 (Text of Section after amendment by P.A. 103-1061)

10 Sec. 5. Direct child welfare services; Department of

11 Children and Family Services. To provide direct child welfare

12 services when not available through other public or private

13 child care or program facilities.

14 (a) For purposes of this Section:

15 (1) "Children" means persons found within the State

16 who are under the age of 18 years. The term also includes

17 persons under age 21 who:

18 (A) were committed to the Department pursuant to

19 the Juvenile Court Act or the Juvenile Court Act of

20 1987 and who continue under the jurisdiction of the

21 court; or

22 (B) were accepted for care, service and training

23 by the Department prior to the age of 18 and whose best

24 interest in the discretion of the Department would be

25 served by continuing that care, service and training

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1 because of severe emotional disturbances, physical

2 disability, social adjustment or any combination

3 thereof, or because of the need to complete an

4 educational or vocational training program.

5 (2) "Homeless youth" means persons found within the

6 State who are under the age of 19, are not in a safe and

7 stable living situation and cannot be reunited with their

8 families.

9 (3) "Child welfare services" means public social

10 services which are directed toward the accomplishment of

11 the following purposes:

12 (A) protecting and promoting the health, safety

13 and welfare of children, including homeless,

14 dependent, or neglected children;

15 (B) remedying, or assisting in the solution of

16 problems which may result in, the neglect, abuse,

17 exploitation, or delinquency of children;

18 (C) preventing the unnecessary separation of

19 children from their families by identifying family

20 problems, assisting families in resolving their

21 problems, and preventing the breakup of the family

22 where the prevention of child removal is desirable and

23 possible when the child can be cared for at home

24 without endangering the child's health and safety;

25 (D) restoring to their families children who have

26 been removed, by the provision of services to the

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1 child and the families when the child can be cared for

2 at home without endangering the child's health and

3 safety;

4 (E) placing children in suitable permanent family

5 arrangements, through guardianship or adoption, in

6 cases where restoration to the birth family is not

7 safe, possible, or appropriate;

8 (F) at the time of placement, conducting

9 concurrent planning, as described in subsection (l-1)

10 of this Section, so that permanency may occur at the

11 earliest opportunity. Consideration should be given so

12 that if reunification fails or is delayed, the

13 placement made is the best available placement to

14 provide permanency for the child;

15 (F-1) preparing adolescents to successfully

16 transition to independence, including transition

17 planning for youth who qualify for a guardian as a

18 person with a disability under Article XIa of the

19 Probate Act of 1975;

20 (G) (blank);

21 (H) (blank); and

22 (I) placing and maintaining children in facilities

23 that provide separate living quarters for children

24 under the age of 18 and for children 18 years of age

25 and older, unless a child 18 years of age is in the

26 last year of high school education or vocational

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1 training, in an approved individual or group treatment

2 program, in a licensed shelter facility, or secure

3 child care facility. The Department is not required to

4 place or maintain children:

5 (i) who are in a foster home, or

6 (ii) who are persons with a developmental

7 disability, as defined in the Mental Health and

8 Developmental Disabilities Code, or

9 (iii) who are female children who are

10 pregnant, pregnant and parenting, or parenting, or

11 (iv) who are siblings, in facilities that

12 provide separate living quarters for children 18

13 years of age and older and for children under 18

14 years of age.

15 (b) (Blank).

16 (b-5) The Department shall adopt rules to establish a

17 process for all licensed residential providers in Illinois to

18 submit data as required by the Department if they contract or

19 receive reimbursement for children's mental health, substance

20 use, and developmental disability services from the Department

21 of Human Services, the Department of Juvenile Justice, or the

22 Department of Healthcare and Family Services. The requested

23 data must include, but is not limited to, capacity, staffing,

24 and occupancy data for the purpose of establishing State need

25 and placement availability.

26 All information collected, shared, or stored pursuant to

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1 this subsection shall be handled in accordance with all State

2 and federal privacy laws and accompanying regulations and

3 rules, including without limitation the federal Health

4 Insurance Portability and Accountability Act of 1996 (Public

5 Law 104-191) and the Mental Health and Developmental

6 Disabilities Confidentiality Act.

7 (c) The Department shall establish and maintain

8 tax-supported child welfare services and extend and seek to

9 improve voluntary services throughout the State, to the end

10 that services and care shall be available on an equal basis

11 throughout the State to children requiring such services.

12 (d) The Director may authorize advance disbursements for

13 any new program initiative to any agency contracting with the

14 Department. As a prerequisite for an advance disbursement, the

15 contractor must post a surety bond in the amount of the advance

16 disbursement and have a purchase of service contract approved

17 by the Department. The Department may pay up to 2 months

18 operational expenses in advance. The amount of the advance

19 disbursement shall be prorated over the life of the contract

20 or the remaining months of the fiscal year, whichever is less,

21 and the installment amount shall then be deducted from future

22 bills. Advance disbursement authorizations for new initiatives

23 shall not be made to any agency after that agency has operated

24 during 2 consecutive fiscal years. The requirements of this

25 Section concerning advance disbursements shall not apply with

26 respect to the following: payments to local public agencies

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1 for child day care services as authorized by Section 5a of this

2 Act; and youth service programs receiving grant funds under

3 Section 17a-4.

4 (e) (Blank).

5 (f) (Blank).

6 (g) The Department shall establish rules and regulations

7 concerning its operation of programs designed to meet the

8 goals of child safety and protection, family preservation, and

9 permanency, including, but not limited to:

10 (1) reunification, guardianship, and adoption;

11 (2) relative and licensed foster care;

12 (3) family counseling;

13 (4) protective services;

14 (5) (blank);

15 (6) homemaker service;

16 (7) return of runaway children;

17 (8) (blank);

18 (9) placement under Section 5-7 of the Juvenile Court

19 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

20 Court Act of 1987 in accordance with the federal Adoption

21 Assistance and Child Welfare Act of 1980; ~~and~~

22 (10) interstate services; and ~~.~~

23 (11) transition planning for youth aging out of care.

24 Rules and regulations established by the Department shall

25 include provisions for training Department staff and the staff

26 of Department grantees, through contracts with other agencies

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1 or resources, in screening techniques to identify substance

2 use disorders, as defined in the Substance Use Disorder Act,

3 approved by the Department of Human Services, as a successor

4 to the Department of Alcoholism and Substance Abuse, for the

5 purpose of identifying children and adults who should be

6 referred for an assessment at an organization appropriately

7 licensed by the Department of Human Services for substance use

8 disorder treatment.

9 (h) If the Department finds that there is no appropriate

10 program or facility within or available to the Department for

11 a youth in care and that no licensed private facility has an

12 adequate and appropriate program or none agrees to accept the

13 youth in care, the Department shall create an appropriate

14 individualized, program-oriented plan for such youth in care.

15 The plan may be developed within the Department or through

16 purchase of services by the Department to the extent that it is

17 within its statutory authority to do.

18 (i) Service programs shall be available throughout the

19 State and shall include but not be limited to the following

20 services:

21 (1) case management;

22 (2) homemakers;

23 (3) counseling;

24 (4) parent education;

25 (5) day care;

26 (6) emergency assistance and advocacy; and

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1 (7) kinship navigator and relative caregiver supports.

2 In addition, the following services may be made available

3 to assess and meet the needs of children and families:

4 (1) comprehensive family-based services;

5 (2) assessments;

6 (3) respite care; and

7 (4) in-home health services.

8 The Department shall provide transportation for any of the

9 services it makes available to children or families or for

10 which it refers children or families.

11 (j) The Department may provide categories of financial

12 assistance and education assistance grants, and shall

13 establish rules and regulations concerning the assistance and

14 grants, to persons who adopt or become subsidized guardians of

15 children with physical or mental disabilities, children who

16 are older, or other hard-to-place children who (i) immediately

17 prior to their adoption or subsidized guardianship were youth

18 in care or (ii) were determined eligible for financial

19 assistance with respect to a prior adoption and who become

20 available for adoption because the prior adoption has been

21 dissolved and the parental rights of the adoptive parents have

22 been terminated or because the child's adoptive parents have

23 died. The Department may continue to provide financial

24 assistance and education assistance grants for a child who was

25 determined eligible for financial assistance under this

26 subsection (j) in the interim period beginning when the

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1 child's adoptive parents died and ending with the finalization

2 of the new adoption of the child by another adoptive parent or

3 parents. The Department may also provide categories of

4 financial assistance and education assistance grants, and

5 shall establish rules and regulations for the assistance and

6 grants, to persons appointed guardian of the person under

7 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

8 4-25, or 5-740 of the Juvenile Court Act of 1987 for children

9 who were youth in care for 12 months immediately prior to the

10 appointment of the guardian.

11 The amount of assistance may vary, depending upon the

12 needs of the child and the adoptive parents or subsidized

13 guardians, as set forth in the annual assistance agreement.

14 Special purpose grants are allowed where the child requires

15 special service but such costs may not exceed the amounts

16 which similar services would cost the Department if it were to

17 provide or secure them as guardian of the child.

18 Any financial assistance provided under this subsection is

19 inalienable by assignment, sale, execution, attachment,

20 garnishment, or any other remedy for recovery or collection of

21 a judgment or debt.

22 (j-5) The Department shall not deny or delay the placement

23 of a child for adoption if an approved family is available

24 either outside of the Department region handling the case, or

25 outside of the State of Illinois.

26 (k) The Department shall accept for care and training any

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1 child who has been adjudicated neglected or abused, or

2 dependent committed to it pursuant to the Juvenile Court Act

3 or the Juvenile Court Act of 1987.

4 (l) The Department shall offer family preservation

5 services, as defined in Section 8.2 of the Abused and

6 Neglected Child Reporting Act, to help families, including

7 adoptive and extended families. Family preservation services

8 shall be offered (i) to prevent the placement of children in

9 substitute care when the children can be cared for at home or

10 in the custody of the person responsible for the children's

11 welfare, (ii) to reunite children with their families, or

12 (iii) to maintain an adoption or subsidized guardianship.

13 Family preservation services shall only be offered when doing

14 so will not endanger the children's health or safety. With

15 respect to children who are in substitute care pursuant to the

16 Juvenile Court Act of 1987, family preservation services shall

17 not be offered if a goal other than those of subdivisions (A),

18 (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act

19 has been set, except that reunification services may be

20 offered as provided in paragraph (F) of subsection (2.3) of

21 Section 2-28 of that Act. Nothing in this paragraph shall be

22 construed to create a private right of action or claim on the

23 part of any individual or child welfare agency, except that

24 when a child is the subject of an action under Article II of

25 the Juvenile Court Act of 1987 and the child's service plan

26 calls for services to facilitate achievement of the permanency

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1 goal, the court hearing the action under Article II of the

2 Juvenile Court Act of 1987 may order the Department to provide

3 the services set out in the plan, if those services are not

4 provided with reasonable promptness and if those services are

5 available.

6 The Department shall notify the child and the child's

7 family of the Department's responsibility to offer and provide

8 family preservation services as identified in the service

9 plan. The child and the child's family shall be eligible for

10 services as soon as the report is determined to be

11 "indicated". The Department may offer services to any child or

12 family with respect to whom a report of suspected child abuse

13 or neglect has been filed, prior to concluding its

14 investigation under Section 7.12 of the Abused and Neglected

15 Child Reporting Act. However, the child's or family's

16 willingness to accept services shall not be considered in the

17 investigation. The Department may also provide services to any

18 child or family who is the subject of any report of suspected

19 child abuse or neglect or may refer such child or family to

20 services available from other agencies in the community, even

21 if the report is determined to be unfounded, if the conditions

22 in the child's or family's home are reasonably likely to

23 subject the child or family to future reports of suspected

24 child abuse or neglect. Acceptance of such services shall be

25 voluntary. The Department may also provide services to any

26 child or family after completion of a family assessment, as an

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1 alternative to an investigation, as provided under the

2 "differential response program" provided for in subsection

3 (a-5) of Section 7.4 of the Abused and Neglected Child

4 Reporting Act.

5 The Department may, at its discretion except for those

6 children also adjudicated neglected or dependent, accept for

7 care and training any child who has been adjudicated addicted,

8 as a truant minor in need of supervision or as a minor

9 requiring authoritative intervention, under the Juvenile Court

10 Act or the Juvenile Court Act of 1987, but no such child shall

11 be committed to the Department by any court without the

12 approval of the Department. On and after January 1, 2015 (the

13 effective date of Public Act 98-803) and before January 1,

14 2017, a minor charged with a criminal offense under the

15 Criminal Code of 1961 or the Criminal Code of 2012 or

16 adjudicated delinquent shall not be placed in the custody of

17 or committed to the Department by any court, except (i) a minor

18 less than 16 years of age committed to the Department under

19 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

20 for whom an independent basis of abuse, neglect, or dependency

21 exists, which must be defined by departmental rule, or (iii) a

22 minor for whom the court has granted a supplemental petition

23 to reinstate wardship pursuant to subsection (2) of Section

24 2-33 of the Juvenile Court Act of 1987. On and after January 1,

25 2017, a minor charged with a criminal offense under the

26 Criminal Code of 1961 or the Criminal Code of 2012 or

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1 adjudicated delinquent shall not be placed in the custody of

2 or committed to the Department by any court, except (i) a minor

3 less than 15 years of age committed to the Department under

4 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

5 for whom an independent basis of abuse, neglect, or dependency

6 exists, which must be defined by departmental rule, or (iii) a

7 minor for whom the court has granted a supplemental petition

8 to reinstate wardship pursuant to subsection (2) of Section

9 2-33 of the Juvenile Court Act of 1987. An independent basis

10 exists when the allegations or adjudication of abuse, neglect,

11 or dependency do not arise from the same facts, incident, or

12 circumstances which give rise to a charge or adjudication of

13 delinquency. The Department shall assign a caseworker to

14 attend any hearing involving a youth in the care and custody of

15 the Department who is placed on aftercare release, including

16 hearings involving sanctions for violation of aftercare

17 release conditions and aftercare release revocation hearings.

18 As soon as is possible, the Department shall develop and

19 implement a special program of family preservation services to

20 support intact, relative, foster, and adoptive families who

21 are experiencing extreme hardships due to the difficulty and

22 stress of caring for a child who has been diagnosed with a

23 pervasive developmental disorder if the Department determines

24 that those services are necessary to ensure the health and

25 safety of the child. The Department may offer services to any

26 family whether or not a report has been filed under the Abused

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1 and Neglected Child Reporting Act. The Department may refer

2 the child or family to services available from other agencies

3 in the community if the conditions in the child's or family's

4 home are reasonably likely to subject the child or family to

5 future reports of suspected child abuse or neglect. Acceptance

6 of these services shall be voluntary. The Department shall

7 develop and implement a public information campaign to alert

8 health and social service providers and the general public

9 about these special family preservation services. The nature

10 and scope of the services offered and the number of families

11 served under the special program implemented under this

12 paragraph shall be determined by the level of funding that the

13 Department annually allocates for this purpose. The term

14 "pervasive developmental disorder" under this paragraph means

15 a neurological condition, including, but not limited to,

16 Asperger's Syndrome and autism, as defined in the most recent

17 edition of the Diagnostic and Statistical Manual of Mental

18 Disorders of the American Psychiatric Association.

19 (l-1) The General Assembly recognizes that the best

20 interests of the child require that the child be placed in the

21 most permanent living arrangement that is an appropriate

22 option for the child, consistent with the child's best

23 interest, using the factors set forth in subsection (4.05) of

24 Section 1-3 of the Juvenile Court Act of 1987 as soon as is

25 practically possible. To achieve this goal, the General

26 Assembly directs the Department of Children and Family

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1 Services to conduct concurrent planning so that permanency may

2 occur at the earliest opportunity. Permanent living

3 arrangements may include prevention of placement of a child

4 outside the home of the family when the child can be cared for

5 at home without endangering the child's health or safety;

6 reunification with the family, when safe and appropriate, if

7 temporary placement is necessary; or movement of the child

8 toward the most appropriate living arrangement and legal

9 status.

10 When determining reasonable efforts to be made with

11 respect to a child, as described in this subsection, and in

12 making such reasonable efforts, the child's health and safety

13 shall be the paramount concern.

14 When a child is placed in foster care, the Department

15 shall ensure and document that reasonable efforts were made to

16 prevent or eliminate the need to remove the child from the

17 child's home. The Department must make reasonable efforts to

18 reunify the family when temporary placement of the child

19 occurs unless otherwise required, pursuant to the Juvenile

20 Court Act of 1987. At any time after the dispositional hearing

21 where the Department believes that further reunification

22 services would be ineffective, it may request a finding from

23 the court that reasonable efforts are no longer appropriate.

24 The Department is not required to provide further

25 reunification services after such a finding.

26 A decision to place a child in substitute care shall be

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1 made with considerations of the child's health, safety, and

2 best interests. The Department shall make diligent efforts to

3 place the child with a relative, document those diligent

4 efforts, and document reasons for any failure or inability to

5 secure such a relative placement. If the primary issue

6 preventing an emergency placement of a child with a relative

7 is a lack of resources, including, but not limited to,

8 concrete goods, safety modifications, and services, the

9 Department shall make diligent efforts to assist the relative

10 in obtaining the necessary resources. No later than July 1,

11 2025, the Department shall adopt rules defining what is

12 diligent and necessary in providing supports to potential

13 relative placements. At the time of placement, consideration

14 should also be given so that if reunification fails or is

15 delayed, the placement has the potential to be an appropriate

16 permanent placement for the child.

17 The Department shall adopt rules addressing concurrent

18 planning for reunification and permanency. The Department

19 shall consider the following factors when determining

20 appropriateness of concurrent planning:

21 (1) the likelihood of prompt reunification;

22 (2) the past history of the family;

23 (3) the barriers to reunification being addressed by

24 the family;

25 (4) the level of cooperation of the family;

26 (4.5) the child's wishes;

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1 (5) the caregivers' willingness to work with the

2 family to reunite;

3 (6) the willingness and ability of the caregivers' to

4 provide a permanent placement;

5 (7) the age of the child;

6 (8) placement of siblings; and

7 (9) the wishes of the parent or parents unless the

8 parental preferences are contrary to the best interests of

9 the child.

10 (m) The Department may assume temporary custody of any

11 child if:

12 (1) it has received a written consent to such

13 temporary custody signed by the parents of the child or by

14 the parent having custody of the child if the parents are

15 not living together or by the guardian or custodian of the

16 child if the child is not in the custody of either parent,

17 or

18 (2) the child is found in the State and neither a

19 parent, guardian nor custodian of the child can be

20 located.

21 If the child is found in the child's residence without a

22 parent, guardian, custodian, or responsible caretaker, the

23 Department may, instead of removing the child and assuming

24 temporary custody, place an authorized representative of the

25 Department in that residence until such time as a parent,

26 guardian, or custodian enters the home and expresses a

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