Rep. Robyn Gabel

Filed: 4/15/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3507

2    AMENDMENT NO. ______. Amend House Bill 3507 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Children and Family Services Act is amended
5by changing Section 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State who
13    are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of

 

 

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1        1987, as amended, prior to the age of 18 and who
2        continue under the jurisdiction of the court; or
3            (B) were accepted for care, service and training by
4        the Department prior to the age of 18 and whose best
5        interest in the discretion of the Department would be
6        served by continuing that care, service and training
7        because of severe emotional disturbances, physical
8        disability, social adjustment or any combination
9        thereof, or because of the need to complete an
10        educational or vocational training program.
11        (2) "Homeless youth" means persons found within the
12    State who are under the age of 19, are not in a safe and
13    stable living situation and cannot be reunited with their
14    families.
15        (3) "Child welfare services" means public social
16    services which are directed toward the accomplishment of
17    the following purposes:
18            (A) protecting and promoting the health, safety
19        and welfare of children, including homeless, dependent
20        or neglected children;
21            (B) remedying, or assisting in the solution of
22        problems which may result in, the neglect, abuse,
23        exploitation or delinquency of children;
24            (C) preventing the unnecessary separation of
25        children from their families by identifying family
26        problems, assisting families in resolving their

 

 

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1        problems, and preventing the breakup of the family
2        where the prevention of child removal is desirable and
3        possible when the child can be cared for at home
4        without endangering the child's health and safety;
5            (D) restoring to their families children who have
6        been removed, by the provision of services to the child
7        and the families when the child can be cared for at
8        home without endangering the child's health and
9        safety;
10            (E) placing children in suitable adoptive homes,
11        in cases where restoration to the biological family is
12        not safe, possible or appropriate;
13            (F) assuring safe and adequate care of children
14        away from their homes, in cases where the child cannot
15        be returned home or cannot be placed for adoption. At
16        the time of placement, the Department shall consider
17        concurrent planning, as described in subsection (l-1)
18        of this Section so that permanency may occur at the
19        earliest opportunity. Consideration should be given so
20        that if reunification fails or is delayed, the
21        placement made is the best available placement to
22        provide permanency for the child;
23            (G) (blank);
24            (H) (blank); and
25            (I) placing and maintaining children in facilities
26        that provide separate living quarters for children

 

 

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1        under the age of 18 and for children 18 years of age
2        and older, unless a child 18 years of age is in the
3        last year of high school education or vocational
4        training, in an approved individual or group treatment
5        program, in a licensed shelter facility, or secure
6        child care facility. The Department is not required to
7        place or maintain children:
8                (i) who are in a foster home, or
9                (ii) who are persons with a developmental
10            disability, as defined in the Mental Health and
11            Developmental Disabilities Code, or
12                (iii) who are female children who are
13            pregnant, pregnant and parenting or parenting, or
14                (iv) who are siblings, in facilities that
15            provide separate living quarters for children 18
16            years of age and older and for children under 18
17            years of age.
18    (b) Nothing in this Section shall be construed to authorize
19the expenditure of public funds for the purpose of performing
20abortions.
21    (c) The Department shall establish and maintain
22tax-supported child welfare services and extend and seek to
23improve voluntary services throughout the State, to the end
24that services and care shall be available on an equal basis
25throughout the State to children requiring such services.
26    (d) The Director may authorize advance disbursements for

 

 

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1any new program initiative to any agency contracting with the
2Department. As a prerequisite for an advance disbursement, the
3contractor must post a surety bond in the amount of the advance
4disbursement and have a purchase of service contract approved
5by the Department. The Department may pay up to 2 months
6operational expenses in advance. The amount of the advance
7disbursement shall be prorated over the life of the contract or
8the remaining months of the fiscal year, whichever is less, and
9the installment amount shall then be deducted from future
10bills. Advance disbursement authorizations for new initiatives
11shall not be made to any agency after that agency has operated
12during 2 consecutive fiscal years. The requirements of this
13Section concerning advance disbursements shall not apply with
14respect to the following: payments to local public agencies for
15child day care services as authorized by Section 5a of this
16Act; and youth service programs receiving grant funds under
17Section 17a-4.
18    (e) (Blank).
19    (f) (Blank).
20    (g) The Department shall establish rules and regulations
21concerning its operation of programs designed to meet the goals
22of child safety and protection, family preservation, family
23reunification, and adoption, including but not limited to:
24        (1) adoption;
25        (2) foster care;
26        (3) family counseling;

 

 

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1        (4) protective services;
2        (5) (blank);
3        (6) homemaker service;
4        (7) return of runaway children;
5        (8) (blank);
6        (9) placement under Section 5-7 of the Juvenile Court
7    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
8    Court Act of 1987 in accordance with the federal Adoption
9    Assistance and Child Welfare Act of 1980; and
10        (10) interstate services.
11    Rules and regulations established by the Department shall
12include provisions for training Department staff and the staff
13of Department grantees, through contracts with other agencies
14or resources, in alcohol and drug abuse screening techniques
15approved by the Department of Human Services, as a successor to
16the Department of Alcoholism and Substance Abuse, for the
17purpose of identifying children and adults who should be
18referred to an alcohol and drug abuse treatment program for
19professional evaluation.
20    (h) If the Department finds that there is no appropriate
21program or facility within or available to the Department for a
22ward and that no licensed private facility has an adequate and
23appropriate program or none agrees to accept the ward, the
24Department shall create an appropriate individualized,
25program-oriented plan for such ward. The plan may be developed
26within the Department or through purchase of services by the

 

 

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1Department to the extent that it is within its statutory
2authority to do.
3    (i) Service programs shall be available throughout the
4State and shall include but not be limited to the following
5services:
6        (1) case management;
7        (2) homemakers;
8        (3) counseling;
9        (4) parent education;
10        (5) day care; and
11        (6) emergency assistance and advocacy.
12    In addition, the following services may be made available
13to assess and meet the needs of children and families:
14        (1) comprehensive family-based services;
15        (2) assessments;
16        (3) respite care; and
17        (4) in-home health services.
18    The Department shall provide transportation for any of the
19services it makes available to children or families or for
20which it refers children or families.
21    (j) The Department may provide categories of financial
22assistance and education assistance grants, and shall
23establish rules and regulations concerning the assistance and
24grants, to persons who adopt physically or mentally
25handicapped, older and other hard-to-place children who (i)
26immediately prior to their adoption were legal wards of the

 

 

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1Department or (ii) were determined eligible for financial
2assistance with respect to a prior adoption and who become
3available for adoption because the prior adoption has been
4dissolved and the parental rights of the adoptive parents have
5been terminated or because the child's adoptive parents have
6died. The Department may continue to provide financial
7assistance and education assistance grants for a child who was
8determined eligible for financial assistance under this
9subsection (j) in the interim period beginning when the child's
10adoptive parents died and ending with the finalization of the
11new adoption of the child by another adoptive parent or
12parents. The Department may also provide categories of
13financial assistance and education assistance grants, and
14shall establish rules and regulations for the assistance and
15grants, to persons appointed guardian of the person under
16Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
174-25 or 5-740 of the Juvenile Court Act of 1987 for children
18who were wards of the Department for 12 months immediately
19prior to the appointment of the guardian.
20    The amount of assistance may vary, depending upon the needs
21of the child and the adoptive parents, as set forth in the
22annual assistance agreement. Special purpose grants are
23allowed where the child requires special service but such costs
24may not exceed the amounts which similar services would cost
25the Department if it were to provide or secure them as guardian
26of the child.

 

 

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1    Any financial assistance provided under this subsection is
2inalienable by assignment, sale, execution, attachment,
3garnishment, or any other remedy for recovery or collection of
4a judgment or debt.
5    (j-5) The Department shall not deny or delay the placement
6of a child for adoption if an approved family is available
7either outside of the Department region handling the case, or
8outside of the State of Illinois.
9    (k) The Department shall accept for care and training any
10child who has been adjudicated neglected or abused, or
11dependent committed to it pursuant to the Juvenile Court Act or
12the Juvenile Court Act of 1987.
13    (l) The Department shall offer family preservation
14services, as defined in Section 8.2 of the Abused and Neglected
15Child Reporting Act, to help families, including adoptive and
16extended families. Family preservation services shall be
17offered (i) to prevent the placement of children in substitute
18care when the children can be cared for at home or in the
19custody of the person responsible for the children's welfare,
20(ii) to reunite children with their families, or (iii) to
21maintain an adoptive placement. Family preservation services
22shall only be offered when doing so will not endanger the
23children's health or safety. With respect to children who are
24in substitute care pursuant to the Juvenile Court Act of 1987,
25family preservation services shall not be offered if a goal
26other than those of subdivisions (A), (B), or (B-1) of

 

 

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1subsection (2) of Section 2-28 of that Act has been set.
2Nothing in this paragraph shall be construed to create a
3private right of action or claim on the part of any individual
4or child welfare agency, except that when a child is the
5subject of an action under Article II of the Juvenile Court Act
6of 1987 and the child's service plan calls for services to
7facilitate achievement of the permanency goal, the court
8hearing the action under Article II of the Juvenile Court Act
9of 1987 may order the Department to provide the services set
10out in the plan, if those services are not provided with
11reasonable promptness and if those services are available.
12    The Department shall notify the child and his family of the
13Department's responsibility to offer and provide family
14preservation services as identified in the service plan. The
15child and his family shall be eligible for services as soon as
16the report is determined to be "indicated". The Department may
17offer services to any child or family with respect to whom a
18report of suspected child abuse or neglect has been filed,
19prior to concluding its investigation under Section 7.12 of the
20Abused and Neglected Child Reporting Act. However, the child's
21or family's willingness to accept services shall not be
22considered in the investigation. The Department may also
23provide services to any child or family who is the subject of
24any report of suspected child abuse or neglect or may refer
25such child or family to services available from other agencies
26in the community, even if the report is determined to be

 

 

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

 

 

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1minor for whom the court has granted a supplemental petition to
2reinstate wardship pursuant to subsection (2) of Section 2-33
3of the Juvenile Court Act of 1987. On and after January 1,
42017, a minor charged with a criminal offense under the
5Criminal Code of 1961 or the Criminal Code of 2012 or
6adjudicated delinquent shall not be placed in the custody of or
7committed to the Department by any court, except (i) a minor
8less than 15 years of age committed to the Department under
9Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
10for whom an independent basis of abuse, neglect, or dependency
11exists, which must be defined by departmental rule, or (iii) a
12minor for whom the court has granted a supplemental petition to
13reinstate wardship pursuant to subsection (2) of Section 2-33
14of the Juvenile Court Act of 1987. An independent basis exists
15when the allegations or adjudication of abuse, neglect, or
16dependency do not arise from the same facts, incident, or
17circumstances which give rise to a charge or adjudication of
18delinquency.
19    As soon as is possible after August 7, 2009 (the effective
20date of Public Act 96-134), the Department shall develop and
21implement a special program of family preservation services to
22support intact, foster, and adoptive families who are
23experiencing extreme hardships due to the difficulty and stress
24of caring for a child who has been diagnosed with a pervasive
25developmental disorder if the Department determines that those
26services are necessary to ensure the health and safety of the

 

 

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

 

 

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

 

 

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1also be given so that if reunification fails or is delayed, the
2placement made is the best available placement to provide
3permanency for the child.
4    The Department shall adopt rules addressing concurrent
5planning for reunification and permanency. The Department
6shall consider the following factors when determining
7appropriateness of concurrent planning:
8        (1) the likelihood of prompt reunification;
9        (2) the past history of the family;
10        (3) the barriers to reunification being addressed by
11    the family;
12        (4) the level of cooperation of the family;
13        (5) the foster parents' willingness to work with the
14    family to reunite;
15        (6) the willingness and ability of the foster family to
16    provide an adoptive home or long-term placement;
17        (7) the age of the child;
18        (8) placement of siblings.
19    (m) The Department may assume temporary custody of any
20child if:
21        (1) it has received a written consent to such temporary
22    custody signed by the parents of the child or by the parent
23    having custody of the child if the parents are not living
24    together or by the guardian or custodian of the child if
25    the child is not in the custody of either parent, or
26        (2) the child is found in the State and neither a

 

 

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1    parent, guardian nor custodian of the child can be located.
2If the child is found in his or her residence without a parent,
3guardian, custodian or responsible caretaker, the Department
4may, instead of removing the child and assuming temporary
5custody, place an authorized representative of the Department
6in that residence until such time as a parent, guardian or
7custodian enters the home and expresses a willingness and
8apparent ability to ensure the child's health and safety and
9resume permanent charge of the child, or until a relative
10enters the home and is willing and able to ensure the child's
11health and safety and assume charge of the child until a
12parent, guardian or custodian enters the home and expresses
13such willingness and ability to ensure the child's safety and
14resume permanent charge. After a caretaker has remained in the
15home for a period not to exceed 12 hours, the Department must
16follow those procedures outlined in Section 2-9, 3-11, 4-8, or
175-415 of the Juvenile Court Act of 1987.
18    The Department shall have the authority, responsibilities
19and duties that a legal custodian of the child would have
20pursuant to subsection (9) of Section 1-3 of the Juvenile Court
21Act of 1987. Whenever a child is taken into temporary custody
22pursuant to an investigation under the Abused and Neglected
23Child Reporting Act, or pursuant to a referral and acceptance
24under the Juvenile Court Act of 1987 of a minor in limited
25custody, the Department, during the period of temporary custody
26and before the child is brought before a judicial officer as

 

 

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1required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
2Court Act of 1987, shall have the authority, responsibilities
3and duties that a legal custodian of the child would have under
4subsection (9) of Section 1-3 of the Juvenile Court Act of
51987.
6    The Department shall ensure that any child taken into
7custody is scheduled for an appointment for a medical
8examination.
9    A parent, guardian or custodian of a child in the temporary
10custody of the Department who would have custody of the child
11if he were not in the temporary custody of the Department may
12deliver to the Department a signed request that the Department
13surrender the temporary custody of the child. The Department
14may retain temporary custody of the child for 10 days after the
15receipt of the request, during which period the Department may
16cause to be filed a petition pursuant to the Juvenile Court Act
17of 1987. If a petition is so filed, the Department shall retain
18temporary custody of the child until the court orders
19otherwise. If a petition is not filed within the 10 day period,
20the child shall be surrendered to the custody of the requesting
21parent, guardian or custodian not later than the expiration of
22the 10 day period, at which time the authority and duties of
23the Department with respect to the temporary custody of the
24child shall terminate.
25    (m-1) The Department may place children under 18 years of
26age in a secure child care facility licensed by the Department

 

 

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

 

 

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1child in institutions for dependent or neglected children
2operated by the Department. However, such restriction on
3payments does not apply in cases where children require
4specialized care and treatment for problems of severe emotional
5disturbance, physical disability, social adjustment, or any
6combination thereof and suitable facilities for the placement
7of such children are not available at payment rates within the
8limitations set forth in this Section. All reimbursements for
9services delivered shall be absolutely inalienable by
10assignment, sale, attachment, garnishment or otherwise.
11    (n-1) The Department shall provide or authorize child
12welfare services, aimed at assisting minors to achieve
13sustainable self-sufficiency as independent adults, for any
14minor eligible for the reinstatement of wardship pursuant to
15subsection (2) of Section 2-33 of the Juvenile Court Act of
161987, whether or not such reinstatement is sought or allowed,
17provided that the minor consents to such services and has not
18yet attained the age of 21. The Department shall have
19responsibility for the development and delivery of services
20under this Section. An eligible youth may access services under
21this Section through the Department of Children and Family
22Services or by referral from the Department of Human Services.
23Youth participating in services under this Section shall
24cooperate with the assigned case manager in developing an
25agreement identifying the services to be provided and how the
26youth will increase skills to achieve self-sufficiency. A

 

 

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1homeless shelter is not considered appropriate housing for any
2youth receiving child welfare services under this Section. The
3Department shall continue child welfare services under this
4Section to any eligible minor until the minor becomes 21 years
5of age, no longer consents to participate, or achieves
6self-sufficiency as identified in the minor's service plan. The
7Department of Children and Family Services shall create clear,
8readable notice of the rights of former foster youth to child
9welfare services under this Section and how such services may
10be obtained. The Department of Children and Family Services and
11the Department of Human Services shall disseminate this
12information statewide. The Department shall adopt regulations
13describing services intended to assist minors in achieving
14sustainable self-sufficiency as independent adults.
15    (n-2) The Department shall provide, as required by this Act
16or any applicable State or federal law, child welfare services
17aimed at assisting minors in achieving sustainable
18self-sufficiency as adults for any minor for whom the
19Department is appointed the custodian or guardian pursuant to
20the Juvenile Court Act of 1987. Such services shall include,
21but shall not be limited to: transitional living programs;
22independent living programs; educational assistance, including
23Youth in College; community college tuition waivers, and
24scholarships awarded by the Department; case management;
25mentoring; Youth in Employment; counseling; support and
26services for pregnant and parenting youth; sibling and parent

 

 

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1visitation services and support; vocational training; and, as
2appropriate, transitioning youth to appropriate adult
3placement services and guardianship and any other service
4included in the youth's case plan. This Section shall not be
5interpreted as creating a new obligation of the Department to
6provide services, but as recognizing an existing and continuing
7obligation to provide services to youth in the Department's
8care, including those between the ages of 18 and 21 and those
9over the age of 21 receiving assistance through scholarships
10awarded by the Department and Youth in College programs, and
11any other applicable programs.
12    (o) The Department shall establish an administrative
13review and appeal process for children and families who request
14or receive child welfare services from the Department. Children
15who are wards of the Department and are placed by private child
16welfare agencies, and foster families with whom those children
17are placed, shall be afforded the same procedural and appeal
18rights as children and families in the case of placement by the
19Department, including the right to an initial review of a
20private agency decision by that agency. The Department shall
21insure that any private child welfare agency, which accepts
22wards of the Department for placement, affords those rights to
23children and foster families. The Department shall accept for
24administrative review and an appeal hearing a complaint made by
25(i) a child or foster family concerning a decision following an
26initial review by a private child welfare agency or (ii) a

 

 

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1prospective adoptive parent who alleges a violation of
2subsection (j-5) of this Section. An appeal of a decision
3concerning a change in the placement of a child shall be
4conducted in an expedited manner. A court determination that a
5current foster home placement is necessary and appropriate
6under Section 2-28 of the Juvenile Court Act of 1987 does not
7constitute a judicial determination on the merits of an
8administrative appeal, filed by a former foster parent,
9involving a change of placement decision.
10    (p) There is hereby created the Department of Children and
11Family Services Emergency Assistance Fund from which the
12Department may provide special financial assistance to
13families which are in economic crisis when such assistance is
14not available through other public or private sources and the
15assistance is deemed necessary to prevent dissolution of the
16family unit or to reunite families which have been separated
17due to child abuse and neglect. The Department shall establish
18administrative rules specifying the criteria for determining
19eligibility for and the amount and nature of assistance to be
20provided. The Department may also enter into written agreements
21with private and public social service agencies to provide
22emergency financial services to families referred by the
23Department. Special financial assistance payments shall be
24available to a family no more than once during each fiscal year
25and the total payments to a family may not exceed $500 during a
26fiscal year.

 

 

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1    (q) The Department may receive and use, in their entirety,
2for the benefit of children any gift, donation or bequest of
3money or other property which is received on behalf of such
4children, or any financial benefits to which such children are
5or may become entitled while under the jurisdiction or care of
6the Department.
7    The Department shall set up and administer no-cost,
8interest-bearing accounts in appropriate financial
9institutions for children for whom the Department is legally
10responsible and who have been determined eligible for Veterans'
11Benefits, Social Security benefits, assistance allotments from
12the armed forces, court ordered payments, parental voluntary
13payments, Supplemental Security Income, Railroad Retirement
14payments, Black Lung benefits, or other miscellaneous
15payments. Interest earned by each account shall be credited to
16the account, unless disbursed in accordance with this
17subsection.
18    In disbursing funds from children's accounts, the
19Department shall:
20        (1) Establish standards in accordance with State and
21    federal laws for disbursing money from children's
22    accounts. In all circumstances, the Department's
23    "Guardianship Administrator" or his or her designee must
24    approve disbursements from children's accounts. The
25    Department shall be responsible for keeping complete
26    records of all disbursements for each account for any

 

 

09900HB3507ham002- 24 -LRB099 11087 KTG 34069 a

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

 

 

09900HB3507ham002- 25 -LRB099 11087 KTG 34069 a

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

 

 

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1    is financially able to pay.
2    The Department shall provide written notification to the
3court of the specific arrangements for supervised visitation
4and projected monthly costs within 60 days of the court order.
5The Department shall send to the court information related to
6the costs incurred except in cases where the court has
7determined the parties are financially unable to pay. The court
8may order additional periodic reports as appropriate.
9    (u) In addition to other information that must be provided,
10whenever the Department places a child with a prospective
11adoptive parent or parents or in a licensed foster home, group
12home, child care institution, or in a relative home, the
13Department shall provide to the prospective adoptive parent or
14parents 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 service
23    plan, including any visitation arrangement, and all
24    amendments or revisions to it as related to the child; and
25        (3) information containing details of the child's
26    individualized educational plan when the child is

 

 

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

 

 

09900HB3507ham002- 28 -LRB099 11087 KTG 34069 a

1information provided to the prospective adoptive parent or
2parents or other caretaker. The information provided to the
3prospective adoptive parent or parents or other caretaker shall
4be reviewed and approved regarding accuracy at the supervisory
5level.
6    (u-5) Effective July 1, 1995, only foster care placements
7licensed as foster family homes pursuant to the Child Care Act
8of 1969 shall be eligible to receive foster care payments from
9the Department. Relative caregivers who, as of July 1, 1995,
10were approved pursuant to approved relative placement rules
11previously promulgated by the Department at 89 Ill. Adm. Code
12335 and had submitted an application for licensure as a foster
13family home may continue to receive foster care payments only
14until the Department determines that they may be licensed as a
15foster family home or that their application for licensure is
16denied or until September 30, 1995, whichever occurs first.
17    (v) The Department shall access criminal history record
18information as defined in the Illinois Uniform Conviction
19Information Act and information maintained in the adjudicatory
20and dispositional record system as defined in Section 2605-355
21of the Department of State Police Law (20 ILCS 2605/2605-355)
22if the Department determines the information is necessary to
23perform its duties under the Abused and Neglected Child
24Reporting Act, the Child Care Act of 1969, and the Children and
25Family Services Act. The Department shall provide for
26interactive computerized communication and processing

 

 

09900HB3507ham002- 29 -LRB099 11087 KTG 34069 a

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

 

 

09900HB3507ham002- 30 -LRB099 11087 KTG 34069 a

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

 

 

09900HB3507ham002- 31 -LRB099 11087 KTG 34069 a

1facilities.
2    (x) The Department shall conduct annual credit history
3checks to determine the financial history of children placed
4under its guardianship pursuant to the Juvenile Court Act of
51987. The Department shall conduct such credit checks starting
6when a ward turns 12 years old and each year thereafter for the
7duration of the guardianship as terminated pursuant to the
8Juvenile Court Act of 1987. The Department shall determine if
9financial exploitation of the child's personal information has
10occurred. If financial exploitation appears to have taken place
11or is presently ongoing, the Department shall notify the proper
12law enforcement agency, the proper State's Attorney, or the
13Attorney General.
14    (y) Beginning on the effective date of this amendatory Act
15of the 96th General Assembly, a child with a disability who
16receives residential and educational services from the
17Department shall be eligible to receive transition services in
18accordance with Article 14 of the School Code from the age of
1914.5 through age 21, inclusive, notwithstanding the child's
20residential services arrangement. For purposes of this
21subsection, "child with a disability" means a child with a
22disability as defined by the federal Individuals with
23Disabilities Education Improvement Act of 2004.
24    (z) The Department shall access criminal history record
25information as defined as "background information" in this
26subsection and criminal history record information as defined

 

 

09900HB3507ham002- 32 -LRB099 11087 KTG 34069 a

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

 

 

09900HB3507ham002- 33 -LRB099 11087 KTG 34069 a

1    the Department of State Police's Sex Offender Database, as
2    authorized by Section 120 of the Sex Offender Community
3    Notification Law, concerning a Department employee or
4    Department applicant.
5        (iii) Information obtained by the Department of
6    Children and Family Services after performing a check of
7    the Child Abuse and Neglect Tracking System (CANTS)
8    operated and maintained by the Department.
9    "Department employee" means a full-time or temporary
10employee coded or certified within the State of Illinois
11Personnel System.
12    "Department applicant" means an individual who has
13conditional Department full-time or part-time work, a
14contractor, an individual used to replace or supplement staff,
15an academic intern, a volunteer in Department offices or on
16Department contracts, a work-study student, an individual or
17entity licensed by the Department, or an unlicensed service
18provider who works as a condition of a contract or an agreement
19and whose work may bring the unlicensed service provider into
20contact with Department clients or client records.
21(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;
2298-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff.
231-1-15.)
 
24    Section 10. The Juvenile Court Act of 1987 is amended by
25changing Sections 2-23, 2-28, and 2-31 as follows:
 

 

 

09900HB3507ham002- 34 -LRB099 11087 KTG 34069 a

1    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
2    Sec. 2-23. Kinds of dispositional orders.
3    (1) The following kinds of orders of disposition may be
4made in respect of wards of the court:
5        (a) A minor under 18 years of age found to be neglected
6    or abused under Section 2-3 or dependent under Section 2-4
7    may be (1) continued in the custody of his or her parents,
8    guardian or legal custodian; (2) placed in accordance with
9    Section 2-27; (3) restored to the custody of the parent,
10    parents, guardian, or legal custodian, provided the court
11    shall order the parent, parents, guardian, or legal
12    custodian to cooperate with the Department of Children and
13    Family Services and comply with the terms of an after-care
14    plan or risk the loss of custody of the child and the
15    possible termination of their parental rights; or (4)
16    ordered partially or completely emancipated in accordance
17    with the provisions of the Emancipation of Minors Act.
18        However, in any case in which a minor is found by the
19    court to be neglected or abused under Section 2-3 of this
20    Act, custody of the minor shall not be restored to any
21    parent, guardian or legal custodian whose acts or omissions
22    or both have been identified, pursuant to subsection (1) of
23    Section 2-21, as forming the basis for the court's finding
24    of abuse or neglect, until such time as a hearing is held
25    on the issue of the best interests of the minor and the

 

 

09900HB3507ham002- 35 -LRB099 11087 KTG 34069 a

1    fitness of such parent, guardian or legal custodian to care
2    for the minor without endangering the minor's health or
3    safety, and the court enters an order that such parent,
4    guardian or legal custodian is fit to care for the minor.
5        (b) A minor under 18 years of age found to be dependent
6    under Section 2-4 may be (1) placed in accordance with
7    Section 2-27 or (2) ordered partially or completely
8    emancipated in accordance with the provisions of the
9    Emancipation of Minors Act.
10        However, in any case in which a minor is found by the
11    court to be dependent under Section 2-4 of this Act,
12    custody of the minor shall not be restored to any parent,
13    guardian or legal custodian whose acts or omissions or both
14    have been identified, pursuant to subsection (1) of Section
15    2-21, as forming the basis for the court's finding of
16    dependency, until such time as a hearing is held on the
17    issue of the fitness of such parent, guardian or legal
18    custodian to care for the minor without endangering the
19    minor's health or safety, and the court enters an order
20    that such parent, guardian or legal custodian is fit to
21    care for the minor.
22        (b-1) A minor between the ages of 18 and 21 may be
23    placed pursuant to Section 2-27 of this Act if (1) the
24    court has granted a supplemental petition to reinstate
25    wardship of the minor pursuant to subsection (2) of Section
26    2-33, or (2) the court has adjudicated the minor a ward of

 

 

09900HB3507ham002- 36 -LRB099 11087 KTG 34069 a

1    the court, permitted the minor to return home under an
2    order of protection, and subsequently made a finding that
3    it is in the minor's best interest to vacate the order of
4    protection and commit the minor to the Department of
5    Children and Family Services for care and service.
6        (c) When the court awards guardianship to the
7    Department of Children and Family Services, the court shall
8    order the parents to cooperate with the Department of
9    Children and Family Services, comply with the terms of the
10    service plans, and correct the conditions that require the
11    child to be in care, or risk termination of their parental
12    rights.
13    (2) Any order of disposition may provide for protective
14supervision under Section 2-24 and may include an order of
15protection under Section 2-25.
16    Unless the order of disposition expressly so provides, it
17does not operate to close proceedings on the pending petition,
18but is subject to modification, not inconsistent with Section
192-28, until final closing and discharge of the proceedings
20under Section 2-31.
21    (3) The court also shall enter any other orders necessary
22to fulfill the service plan, including, but not limited to, (i)
23orders requiring parties to cooperate with services, (ii)
24restraining orders controlling the conduct of any party likely
25to frustrate the achievement of the goal, and (iii) visiting
26orders. When the child is placed separately from a sibling, the

 

 

09900HB3507ham002- 37 -LRB099 11087 KTG 34069 a

1court shall review the Sibling Contact Support Plan developed
2under subsection (f) of Section 7.4 of the Children and Family
3Services Act, if applicable. If the Department has not convened
4a meeting to develop a Sibling Contact Support Plan, or if the
5court finds that the existing Plan is not in the child's best
6interest, the court may enter an order requiring the Department
7to develop and implement a Sibling Contact Support Plan under
8subsection (f) of Section 7.4 of the Children and Family
9Services Act or order mediation. Unless otherwise specifically
10authorized by law, the court is not empowered under this
11subsection (3) to order specific placements, specific
12services, or specific service providers to be included in the
13plan. If, after receiving evidence, the court determines that
14the services contained in the plan are not reasonably
15calculated to facilitate achievement of the permanency goal,
16the court shall put in writing the factual basis supporting the
17determination and enter specific findings based on the
18evidence. The court also shall enter an order for the
19Department to develop and implement a new service plan or to
20implement changes to the current service plan consistent with
21the court's findings. The new service plan shall be filed with
22the court and served on all parties within 45 days after the
23date of the order. The court shall continue the matter until
24the new service plan is filed. Unless otherwise specifically
25authorized by law, the court is not empowered under this
26subsection (3) or under subsection (2) to order specific

 

 

09900HB3507ham002- 38 -LRB099 11087 KTG 34069 a

1placements, specific services, or specific service providers
2to be included in the plan.
3    (4) In addition to any other order of disposition, the
4court may order any minor adjudicated neglected with respect to
5his or her own injurious behavior to make restitution, in
6monetary or non-monetary form, under the terms and conditions
7of Section 5-5-6 of the Unified Code of Corrections, except
8that the "presentence hearing" referred to therein shall be the
9dispositional hearing for purposes of this Section. The parent,
10guardian or legal custodian of the minor may pay some or all of
11such restitution on the minor's behalf.
12    (5) Any order for disposition where the minor is committed
13or placed in accordance with Section 2-27 shall provide for the
14parents or guardian of the estate of such minor to pay to the
15legal custodian or guardian of the person of the minor such
16sums as are determined by the custodian or guardian of the
17person of the minor as necessary for the minor's needs. Such
18payments may not exceed the maximum amounts provided for by
19Section 9.1 of the Children and Family Services Act.
20    (6) Whenever the order of disposition requires the minor to
21attend school or participate in a program of training, the
22truant officer or designated school official shall regularly
23report to the court if the minor is a chronic or habitual
24truant under Section 26-2a of the School Code.
25    (7) The court may terminate the parental rights of a parent
26at the initial dispositional hearing if all of the conditions

 

 

09900HB3507ham002- 39 -LRB099 11087 KTG 34069 a

1in subsection (5) of Section 2-21 are met.
2(Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09;
396-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)
 
4    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
5    Sec. 2-28. Court review.
6    (1) The court may require any legal custodian or guardian
7of the person appointed under this Act to report periodically
8to the court or may cite him into court and require him or his
9agency, to make a full and accurate report of his or its doings
10in behalf of the minor. The custodian or guardian, within 10
11days after such citation, shall make the report, either in
12writing verified by affidavit or orally under oath in open
13court, or otherwise as the court directs. Upon the hearing of
14the report the court may remove the custodian or guardian and
15appoint another in his stead or restore the minor to the
16custody of his parents or former guardian or custodian.
17However, custody of the minor shall not be restored to any
18parent, guardian or legal custodian in any case in which the
19minor is found to be neglected or abused under Section 2-3 or
20dependent under Section 2-4 of this Act, unless the minor can
21be cared for at home without endangering the minor's health or
22safety and it is in the best interests of the minor, and if
23such neglect, abuse, or dependency is found by the court under
24paragraph (1) of Section 2-21 of this Act to have come about
25due to the acts or omissions or both of such parent, guardian

 

 

09900HB3507ham002- 40 -LRB099 11087 KTG 34069 a

1or legal custodian, until such time as an investigation is made
2as provided in paragraph (5) and a hearing is held on the issue
3of the fitness of such parent, guardian or legal custodian to
4care for the minor and the court enters an order that such
5parent, guardian or legal custodian is fit to care for the
6minor.
7    (2) The first permanency hearing shall be conducted by the
8judge. Subsequent permanency hearings may be heard by a judge
9or by hearing officers appointed or approved by the court in
10the manner set forth in Section 2-28.1 of this Act. The initial
11hearing shall be held (a) within 12 months from the date
12temporary custody was taken, regardless of whether an
13adjudication or dispositional hearing has been completed
14within that time frame, (b) if the parental rights of both
15parents have been terminated in accordance with the procedure
16described in subsection (5) of Section 2-21, within 30 days of
17the order for termination of parental rights and appointment of
18a guardian with power to consent to adoption, or (c) in
19accordance with subsection (2) of Section 2-13.1. Subsequent
20permanency hearings shall be held every 6 months or more
21frequently if necessary in the court's determination following
22the initial permanency hearing, in accordance with the
23standards set forth in this Section, until the court determines
24that the plan and goal have been achieved. Once the plan and
25goal have been achieved, if the minor remains in substitute
26care, the case shall be reviewed at least every 6 months

 

 

09900HB3507ham002- 41 -LRB099 11087 KTG 34069 a

1thereafter, subject to the provisions of this Section, unless
2the minor is placed in the guardianship of a suitable relative
3or other person and the court determines that further
4monitoring by the court does not further the health, safety or
5best interest of the child and that this is a stable permanent
6placement. The permanency hearings must occur within the time
7frames set forth in this subsection and may not be delayed in
8anticipation of a report from any source or due to the agency's
9failure to timely file its written report (this written report
10means the one required under the next paragraph and does not
11mean the service plan also referred to in that paragraph).
12    The public agency that is the custodian or guardian of the
13minor, or another agency responsible for the minor's care,
14shall ensure that all parties to the permanency hearings are
15provided a copy of the most recent service plan prepared within
16the prior 6 months at least 14 days in advance of the hearing.
17If not contained in the plan, the agency shall also include a
18report setting forth (i) any special physical, psychological,
19educational, medical, emotional, or other needs of the minor or
20his or her family that are relevant to a permanency or
21placement determination and (ii) for any minor age 16 or over,
22a written description of the programs and services that will
23enable the minor to prepare for independent living. The
24agency's written report must detail what progress or lack of
25progress the parent has made in correcting the conditions
26requiring the child to be in care; whether the child can be

 

 

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1returned home without jeopardizing the child's health, safety,
2and welfare, and if not, what permanency goal is recommended to
3be in the best interests of the child, and why the other
4permanency goals are not appropriate. The caseworker must
5appear and testify at the permanency hearing. If a permanency
6hearing has not previously been scheduled by the court, the
7moving party shall move for the setting of a permanency hearing
8and the entry of an order within the time frames set forth in
9this subsection.
10    At the permanency hearing, the court shall determine the
11future status of the child. The court shall set one of the
12following permanency goals:
13        (A) The minor will be returned home by a specific date
14    within 5 months.
15        (B) The minor will be in short-term care with a
16    continued goal to return home within a period not to exceed
17    one year, where the progress of the parent or parents is
18    substantial giving particular consideration to the age and
19    individual needs of the minor.
20        (B-1) The minor will be in short-term care with a
21    continued goal to return home pending a status hearing.
22    When the court finds that a parent has not made reasonable
23    efforts or reasonable progress to date, the court shall
24    identify what actions the parent and the Department must
25    take in order to justify a finding of reasonable efforts or
26    reasonable progress and shall set a status hearing to be

 

 

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1    held not earlier than 9 months from the date of
2    adjudication nor later than 11 months from the date of
3    adjudication during which the parent's progress will again
4    be reviewed.
5        (C) The minor will be in substitute care pending court
6    determination on termination of parental rights.
7        (D) Adoption, provided that parental rights have been
8    terminated or relinquished.
9        (E) The guardianship of the minor will be transferred
10    to an individual or couple on a permanent basis provided
11    that goals (A) through (D) have been ruled out.
12        (F) The minor over age 15 will be in substitute care
13    pending independence.
14        (G) The minor will be in substitute care because he or
15    she cannot be provided for in a home environment due to
16    developmental disabilities or mental illness or because he
17    or she is a danger to self or others, provided that goals
18    (A) through (D) have been ruled out.
19    In selecting any permanency goal, the court shall indicate
20in writing the reasons the goal was selected and why the
21preceding goals were ruled out. Where the court has selected a
22permanency goal other than (A), (B), or (B-1), the Department
23of Children and Family Services shall not provide further
24reunification services, but shall provide services consistent
25with the goal selected.
26        (H) Notwithstanding any other provision in this

 

 

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1    Section, the court may select the goal of continuing foster
2    care as a permanency goal if:
3            (1) The Department of Children and Family Services
4        has custody and guardianship of the minor;
5            (2) The court has ruled out all other permanency
6        goals based on the child's best interest;
7            (3) The court has found compelling reasons, based
8        on written documentation reviewed by the court, to
9        place the minor in continuing foster care. Compelling
10        reasons include:
11                (a) the child does not wish to be adopted or to
12            be placed in the guardianship of his or her
13            relative or foster care placement;
14                (b) the child exhibits an extreme level of need
15            such that the removal of the child from his or her
16            placement would be detrimental to the child; or
17                (c) the child who is the subject of the
18            permanency hearing has existing close and strong
19            bonds with a sibling, and achievement of another
20            permanency goal would substantially interfere with
21            the subject child's sibling relationship, taking
22            into consideration the nature and extent of the
23            relationship, and whether ongoing contact is in
24            the subject child's best interest, including
25            long-term emotional interest, as compared with the
26            legal and emotional benefit of permanence;

 

 

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1            (4) The child has lived with the relative or foster
2        parent for at least one year; and
3            (5) The relative or foster parent currently caring
4        for the child is willing and capable of providing the
5        child with a stable and permanent environment.
6    The court shall set a permanency goal that is in the best
7interest of the child. In determining that goal, the court
8shall consult with the minor in an age-appropriate manner
9regarding the proposed permanency or transition plan for the
10minor. The court's determination shall include the following
11factors:
12        (1) Age of the child.
13        (2) Options available for permanence, including both
14    out-of-State and in-State placement options.
15        (3) Current placement of the child and the intent of
16    the family regarding adoption.
17        (4) Emotional, physical, and mental status or
18    condition of the child.
19        (5) Types of services previously offered and whether or
20    not the services were successful and, if not successful,
21    the reasons the services failed.
22        (6) Availability of services currently needed and
23    whether the services exist.
24        (7) Status of siblings of the minor.
25    The court shall consider (i) the permanency goal contained
26in the service plan, (ii) the appropriateness of the services

 

 

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1contained in the plan and whether those services have been
2provided, (iii) whether reasonable efforts have been made by
3all the parties to the service plan to achieve the goal, and
4(iv) whether the plan and goal have been achieved. All evidence
5relevant to determining these questions, including oral and
6written reports, may be admitted and may be relied on to the
7extent of their probative value.
8    The court shall make findings as to whether, in violation
9of Section 8.2 of the Abused and Neglected Child Reporting Act,
10any portion of the service plan compels a child or parent to
11engage in any activity or refrain from any activity that is not
12reasonably related to remedying a condition or conditions that
13gave rise or which could give rise to any finding of child
14abuse or neglect. The services contained in the service plan
15shall include services reasonably related to remedy the
16conditions that gave rise to removal of the child from the home
17of his or her parents, guardian, or legal custodian or that the
18court has found must be remedied prior to returning the child
19home. Any tasks the court requires of the parents, guardian, or
20legal custodian or child prior to returning the child home,
21must be reasonably related to remedying a condition or
22conditions that gave rise to or which could give rise to any
23finding of child abuse or neglect.
24    If the permanency goal is to return home, the court shall
25make findings that identify any problems that are causing
26continued placement of the children away from the home and

 

 

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1identify what outcomes would be considered a resolution to
2these problems. The court shall explain to the parents that
3these findings are based on the information that the court has
4at that time and may be revised, should additional evidence be
5presented to the court.
6    The court shall review the Sibling Contact Support Plan
7developed or modified under subsection (f) of Section 7.4 of
8the Children and Family Services Act, if applicable. If the
9Department has not convened a meeting to develop or modify a
10Sibling Contact Support Plan, or if the court finds that the
11existing Plan is not in the child's best interest, the court
12may enter an order requiring the Department to develop, modify
13or implement a Sibling Contact Support Plan, or order
14mediation.
15    If the goal has been achieved, the court shall enter orders
16that are necessary to conform the minor's legal custody and
17status to those findings.
18    If, after receiving evidence, the court determines that the
19services contained in the plan are not reasonably calculated to
20facilitate achievement of the permanency goal, the court shall
21put in writing the factual basis supporting the determination
22and enter specific findings based on the evidence. The court
23also shall enter an order for the Department to develop and
24implement a new service plan or to implement changes to the
25current service plan consistent with the court's findings. The
26new service plan shall be filed with the court and served on

 

 

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1all parties within 45 days of the date of the order. The court
2shall continue the matter until the new service plan is filed.
3Unless otherwise specifically authorized by law, the court is
4not empowered under this subsection (2) or under subsection (3)
5to order specific placements, specific services, or specific
6service providers to be included in the plan.
7    A guardian or custodian appointed by the court pursuant to
8this Act shall file updated case plans with the court every 6
9months.
10    Rights of wards of the court under this Act are enforceable
11against any public agency by complaints for relief by mandamus
12filed in any proceedings brought under this Act.
13    (3) Following the permanency hearing, the court shall enter
14a written order that includes the determinations required under
15subsection (2) of this Section and sets forth the following:
16        (a) The future status of the minor, including the
17    permanency goal, and any order necessary to conform the
18    minor's legal custody and status to such determination; or
19        (b) If the permanency goal of the minor cannot be
20    achieved immediately, the specific reasons for continuing
21    the minor in the care of the Department of Children and
22    Family Services or other agency for short term placement,
23    and the following determinations:
24            (i) (Blank).
25            (ii) Whether the services required by the court and
26        by any service plan prepared within the prior 6 months

 

 

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1        have been provided and (A) if so, whether the services
2        were reasonably calculated to facilitate the
3        achievement of the permanency goal or (B) if not
4        provided, why the services were not provided.
5            (iii) Whether the minor's placement is necessary,
6        and appropriate to the plan and goal, recognizing the
7        right of minors to the least restrictive (most
8        family-like) setting available and in close proximity
9        to the parents' home consistent with the health,
10        safety, best interest and special needs of the minor
11        and, if the minor is placed out-of-State, whether the
12        out-of-State placement continues to be appropriate and
13        consistent with the health, safety, and best interest
14        of the minor.
15            (iv) (Blank).
16            (v) (Blank).
17    (4) The minor or any person interested in the minor may
18apply to the court for a change in custody of the minor and the
19appointment of a new custodian or guardian of the person or for
20the restoration of the minor to the custody of his parents or
21former guardian or custodian.
22    When return home is not selected as the permanency goal:
23        (a) The Department, the minor, or the current foster
24    parent or relative caregiver seeking private guardianship
25    may file a motion for private guardianship of the minor.
26    Appointment of a guardian under this Section requires

 

 

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1    approval of the court.
2        (b) The State's Attorney may file a motion to terminate
3    parental rights of any parent who has failed to make
4    reasonable efforts to correct the conditions which led to
5    the removal of the child or reasonable progress toward the
6    return of the child, as defined in subdivision (D)(m) of
7    Section 1 of the Adoption Act or for whom any other
8    unfitness ground for terminating parental rights as
9    defined in subdivision (D) of Section 1 of the Adoption Act
10    exists.
11        When parental rights have been terminated for a minimum
12    of 3 years and the child who is the subject of the
13    permanency hearing is 13 years old or older and is not
14    currently placed in a placement likely to achieve
15    permanency, the Department of Children and Family Services
16    shall make reasonable efforts to locate parents whose
17    rights have been terminated, except when the Court
18    determines that those efforts would be futile or
19    inconsistent with the subject child's best interests. The
20    Department of Children and Family Services shall assess the
21    appropriateness of the parent whose rights have been
22    terminated, and shall, as appropriate, foster and support
23    connections between the parent whose rights have been
24    terminated and the youth. The Department of Children and
25    Family Services shall document its determinations and
26    efforts to foster connections in the child's case plan.

 

 

09900HB3507ham002- 51 -LRB099 11087 KTG 34069 a

1    Custody of the minor shall not be restored to any parent,
2guardian or legal custodian in any case in which the minor is
3found to be neglected or abused under Section 2-3 or dependent
4under Section 2-4 of this Act, unless the minor can be cared
5for at home without endangering his or her health or safety and
6it is in the best interest of the minor, and if such neglect,
7abuse, or dependency is found by the court under paragraph (1)
8of Section 2-21 of this Act to have come about due to the acts
9or omissions or both of such parent, guardian or legal
10custodian, until such time as an investigation is made as
11provided in paragraph (5) and a hearing is held on the issue of
12the health, safety and best interest of the minor and the
13fitness of such parent, guardian or legal custodian to care for
14the minor and the court enters an order that such parent,
15guardian or legal custodian is fit to care for the minor. In
16the event that the minor has attained 18 years of age and the
17guardian or custodian petitions the court for an order
18terminating his guardianship or custody, guardianship or
19custody shall terminate automatically 30 days after the receipt
20of the petition unless the court orders otherwise. No legal
21custodian or guardian of the person may be removed without his
22consent until given notice and an opportunity to be heard by
23the court.
24    When the court orders a child restored to the custody of
25the parent or parents, the court shall order the parent or
26parents to cooperate with the Department of Children and Family

 

 

09900HB3507ham002- 52 -LRB099 11087 KTG 34069 a

1Services and comply with the terms of an after-care plan, or
2risk the loss of custody of the child and possible termination
3of their parental rights. The court may also enter an order of
4protective supervision in accordance with Section 2-24.
5    (5) Whenever a parent, guardian, or legal custodian files a
6motion for restoration of custody of the minor, and the minor
7was adjudicated neglected, abused, or dependent as a result of
8physical abuse, the court shall cause to be made an
9investigation as to whether the movant has ever been charged
10with or convicted of any criminal offense which would indicate
11the likelihood of any further physical abuse to the minor.
12Evidence of such criminal convictions shall be taken into
13account in determining whether the minor can be cared for at
14home without endangering his or her health or safety and
15fitness of the parent, guardian, or legal custodian.
16        (a) Any agency of this State or any subdivision thereof
17    shall co-operate with the agent of the court in providing
18    any information sought in the investigation.
19        (b) The information derived from the investigation and
20    any conclusions or recommendations derived from the
21    information shall be provided to the parent, guardian, or
22    legal custodian seeking restoration of custody prior to the
23    hearing on fitness and the movant shall have an opportunity
24    at the hearing to refute the information or contest its
25    significance.
26        (c) All information obtained from any investigation

 

 

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1    shall be confidential as provided in Section 5-150 of this
2    Act.
3(Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12;
498-756, eff. 7-16-14.)
 
5    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
6    Sec. 2-31. Duration of wardship and discharge of
7proceedings.
8    (1) All proceedings under this Act in respect of any minor
9for whom a petition was filed after the effective date of this
10amendatory Act of 1991 automatically terminate upon the minor
11attaining the age of 21. The clerk of the court shall at that
12time record all proceedings under this Act as finally closed
13and discharged for that reason his attaining the age of 19
14years, except that a court may continue the wardship of a minor
15until age 21 for good cause when there is satisfactory evidence
16presented to the court and the court makes written factual
17findings that the health, safety, and best interest of the
18minor and the public require the continuation of the wardship.
19    (2) Whenever the court determines, and makes written
20factual findings, that health, safety, and the best interests
21of the minor and the public no longer require the wardship of
22the court, the court shall order the wardship terminated and
23all proceedings under this Act respecting that minor finally
24closed and discharged. The court may at the same time continue
25or terminate any custodianship or guardianship theretofore

 

 

09900HB3507ham002- 54 -LRB099 11087 KTG 34069 a

1ordered but the termination must be made in compliance with
2Section 2-28. When terminating wardship under this Section, if
3the minor is over 18 and is exiting wardship to live
4independently, or if wardship is terminated in conjunction with
5an order partially or completely emancipating the minor in
6accordance with the Emancipation of Minors Act, the court shall
7also make specific findings of fact as to the minor's wishes
8regarding case closure and the manner in which the minor will
9maintain independence. The minor's lack of cooperation with
10services provided by the Department of Children and Family
11Services shall not by itself be considered sufficient evidence
12that the minor is prepared to live independently and that it is
13in the best interest of the minor to terminate wardship. In
14ruling on a motion by any party requesting that the case of a
15minor over the age of 18 be closed to independence, the court,
16upon the request of any party, shall conduct a permanency
17hearing instanter pursuant to Section 2-28. After conducting
18the permanency hearing, the court is authorized to enter any
19orders necessary to assist the minor in preparing to live
20independently, including orders requiring the Department of
21Children and Family Services to provide services and placement.
22    (3) (Blank) The wardship of the minor and any custodianship
23or guardianship respecting the minor for whom a petition was
24filed after the effective date of this amendatory Act of 1991
25automatically terminates when he attains the age of 19 years
26except as set forth in subsection (1) of this Section. The

 

 

09900HB3507ham002- 55 -LRB099 11087 KTG 34069 a

1clerk of the court shall at that time record all proceedings
2under this Act as finally closed and discharged for that
3reason.
4(Source: P.A. 96-581, eff. 1-1-10.)".