Illinois General Assembly - Full Text of SB3096
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Full Text of SB3096  101st General Assembly

SB3096eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 2.17 and by adding Section 3.6 as follows:
 
6    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
7    Sec. 2.17. "Foster family home" means a facility for child
8care in residences of families who receive no more than 6
9children unrelated to them, unless all the children are of
10common parentage, or residences of relatives who receive no
11more than 6 related children placed by the Department, unless
12the children are of common parentage, for the purpose of
13providing family care and training for the children on a
14full-time basis, except the Director of Children and Family
15Services, pursuant to Department regulations, may waive the
16numerical limitation of foster children who may be cared for in
17a foster family home for any of the following reasons to allow:
18(1) a parenting youth in foster care to remain with the child
19of the parenting youth; (2) siblings to remain together; (3) a
20child with an established meaningful relationship with the
21family to remain with the family; or (4) a family with special
22training or skills to provide care to a child who has a severe
23disability. The family's or relative's own children, under 18

 

 

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1years of age, shall be included in determining the maximum
2number of children served. For purposes of this Section, a
3"relative" includes any person, 21 years of age or over, other
4than the parent, who (i) is currently related to the child in
5any of the following ways by blood or adoption: grandparent,
6sibling, great-grandparent, uncle, aunt, nephew, niece, first
7cousin, great-uncle, or great-aunt; or (ii) is the spouse of
8such a relative; or (iii) is a child's step-father,
9step-mother, or adult step-brother or step-sister; or (iv) is a
10fictive kin; "relative" also includes a person related in any
11of the foregoing ways to a sibling of a child, even though the
12person is not related to the child, when the child and its
13sibling are placed together with that person. For purposes of
14placement of children pursuant to Section 7 of the Children and
15Family Services Act and for purposes of licensing requirements
16set forth in Section 4 of this Act, for children under the
17custody or guardianship of the Department pursuant to the
18Juvenile Court Act of 1987, after a parent signs a consent,
19surrender, or waiver or after a parent's rights are otherwise
20terminated, and while the child remains in the custody or
21guardianship of the Department, the child is considered to be
22related to those to whom the child was related under this
23Section prior to the signing of the consent, surrender, or
24waiver or the order of termination of parental rights. The term
25"foster family home" includes homes receiving children from any
26State-operated institution for child care; or from any agency

 

 

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1established by a municipality or other political subdivision of
2the State of Illinois authorized to provide care for children
3outside their own homes. The term "foster family home" does not
4include an "adoption-only home" as defined in Section 2.23 of
5this Act. The types of foster family homes are defined as
6follows:
7        (a) "Boarding home" means a foster family home which
8    receives payment for regular full-time care of a child or
9    children.
10        (b) "Free home" means a foster family home other than
11    an adoptive home which does not receive payments for the
12    care of a child or children.
13        (c) "Adoptive home" means a foster family home which
14    receives a child or children for the purpose of adopting
15    the child or children, but does not include an
16    adoption-only home.
17        (d) "Work-wage home" means a foster family home which
18    receives a child or children who pay part or all of their
19    board by rendering some services to the family not
20    prohibited by the Child Labor Law or by standards or
21    regulations of the Department prescribed under this Act.
22    The child or children may receive a wage in connection with
23    the services rendered the foster family.
24        (e) "Agency-supervised home" means a foster family
25    home under the direct and regular supervision of a licensed
26    child welfare agency, of the Department of Children and

 

 

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1    Family Services, of a circuit court, or of any other State
2    agency which has authority to place children in child care
3    facilities, and which receives no more than 8 children,
4    unless of common parentage, who are placed and are
5    regularly supervised by one of the specified agencies.
6        (f) "Independent home" means a foster family home,
7    other than an adoptive home, which receives no more than 4
8    children, unless of common parentage, directly from
9    parents, or other legally responsible persons, by
10    independent arrangement and which is not subject to direct
11    and regular supervision of a specified agency except as
12    such supervision pertains to licensing by the Department.
13        (g) "Host home" means an emergency foster family home
14    under the direction and regular supervision of a licensed
15    child welfare agency, contracted to provide short-term
16    crisis intervention services to youth served under the
17    Comprehensive Community-Based Youth Services program,
18    under the direction of the Department of Human Services.
19    The youth shall not be under the custody or guardianship of
20    the Department pursuant to the Juvenile Court Act of 1987.
21(Source: P.A. 101-63, eff. 7-12-19.)
 
22    (225 ILCS 10/3.6 new)
23    Sec. 3.6. Licenses for host homes. The Department shall
24develop an appropriate licensing and monitoring system that
25recognizes the unique population and programming for youth

 

 

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1served by the Comprehensive Community-Based Youth Services
2program. The Department shall maintain licensing staff who are
3knowledgeable of Comprehensive Community-Based Youth Services
4program standards, as set forth by the Department of Human
5Services. The Department of Human Services shall be solely
6responsible for the development and implementation of training
7curriculum for host homes that recognizes the unique population
8and programming of youth served in Comprehensive
9Community-Based Youth Services. Host homes licensed by the
10Department shall not be utilized for a child who is a youth in
11care as defined in Section 4d of the Children and Family
12Services Act.
 
13    Section 99. Effective date. This Act takes effect July 1,
142021.