Illinois General Assembly - Full Text of SB0201
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Full Text of SB0201  102nd General Assembly

SB0201 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0201

 

Introduced 2/17/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/7  from Ch. 23, par. 5007
225 ILCS 10/4  from Ch. 23, par. 2214

    Amends the Children and Family Services Act. Requires a fictive kin with whom a child is placed to apply for licensure as a foster family home within 30 days (rather than 6 months) of the child's placement with the fictive kin. Removes a provision prohibiting the Department of Children and Family Services from removing a child from the home of a fictive kin on the basis that the fictive kin fails to apply for licensure within 6 months of the child's placement with the fictive kin, or fails to meet the standard for licensure. Amends the Child Care Act of 1969. Provides that any relative who receives a child or children for placement by the Department on a full-time basis shall apply within 30 days of placement for a license to operate a foster family home. Effective immediately.


LRB102 05105 KTG 15125 b

 

 

A BILL FOR

 

SB0201LRB102 05105 KTG 15125 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 7 as follows:
 
6    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
7    Sec. 7. Placement of children; considerations.
8    (a) In placing any child under this Act, the Department
9shall place the child, as far as possible, in the care and
10custody of some individual holding the same religious belief
11as the parents of the child, or with some child care facility
12which is operated by persons of like religious faith as the
13parents of such child.
14    (a-5) In placing a child under this Act, the Department
15shall place the child with the child's sibling or siblings
16under Section 7.4 of this Act unless the placement is not in
17each child's best interest, or is otherwise not possible under
18the Department's rules. If the child is not placed with a
19sibling under the Department's rules, the Department shall
20consider placements that are likely to develop, preserve,
21nurture, and support sibling relationships, where doing so is
22in each child's best interest.
23    (b) In placing a child under this Act, the Department may

 

 

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1place a child with a relative if the Department determines
2that the relative will be able to adequately provide for the
3child's safety and welfare based on the factors set forth in
4the Department's rules governing relative placements, and that
5the placement is consistent with the child's best interests,
6taking into consideration the factors set out in subsection
7(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
8    When the Department first assumes custody of a child, in
9placing that child under this Act, the Department shall make
10reasonable efforts to identify, locate, and provide notice to
11all adult grandparents and other adult relatives of the child
12who are ready, willing, and able to care for the child. At a
13minimum, these efforts shall be renewed each time the child
14requires a placement change and it is appropriate for the
15child to be cared for in a home environment. The Department
16must document its efforts to identify, locate, and provide
17notice to such potential relative placements and maintain the
18documentation in the child's case file.
19    If the Department determines that a placement with any
20identified relative is not in the child's best interests or
21that the relative does not meet the requirements to be a
22relative caregiver, as set forth in Department rules or by
23statute, the Department must document the basis for that
24decision and maintain the documentation in the child's case
25file.
26    If, pursuant to the Department's rules, any person files

 

 

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1an administrative appeal of the Department's decision not to
2place a child with a relative, it is the Department's burden to
3prove that the decision is consistent with the child's best
4interests.
5    When the Department determines that the child requires
6placement in an environment, other than a home environment,
7the Department shall continue to make reasonable efforts to
8identify and locate relatives to serve as visitation resources
9for the child and potential future placement resources, except
10when the Department determines that those efforts would be
11futile or inconsistent with the child's best interests.
12    If the Department determines that efforts to identify and
13locate relatives would be futile or inconsistent with the
14child's best interests, the Department shall document the
15basis of its determination and maintain the documentation in
16the child's case file.
17    If the Department determines that an individual or a group
18of relatives are inappropriate to serve as visitation
19resources or possible placement resources, the Department
20shall document the basis of its determination and maintain the
21documentation in the child's case file.
22    When the Department determines that an individual or a
23group of relatives are appropriate to serve as visitation
24resources or possible future placement resources, the
25Department shall document the basis of its determination,
26maintain the documentation in the child's case file, create a

 

 

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1visitation or transition plan, or both, and incorporate the
2visitation or transition plan, or both, into the child's case
3plan. For the purpose of this subsection, any determination as
4to the child's best interests shall include consideration of
5the factors set out in subsection (4.05) of Section 1-3 of the
6Juvenile Court Act of 1987.
7    The Department may not place a child with a relative, with
8the exception of certain circumstances which may be waived as
9defined by the Department in rules, if the results of a check
10of the Law Enforcement Agencies Data System (LEADS) identifies
11a prior criminal conviction of the relative or any adult
12member of the relative's household for any of the following
13offenses under the Criminal Code of 1961 or the Criminal Code
14of 2012:
15        (1) murder;
16        (1.1) solicitation of murder;
17        (1.2) solicitation of murder for hire;
18        (1.3) intentional homicide of an unborn child;
19        (1.4) voluntary manslaughter of an unborn child;
20        (1.5) involuntary manslaughter;
21        (1.6) reckless homicide;
22        (1.7) concealment of a homicidal death;
23        (1.8) involuntary manslaughter of an unborn child;
24        (1.9) reckless homicide of an unborn child;
25        (1.10) drug-induced homicide;
26        (2) a sex offense under Article 11, except offenses

 

 

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1    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
2    11-40, and 11-45;
3        (3) kidnapping;
4        (3.1) aggravated unlawful restraint;
5        (3.2) forcible detention;
6        (3.3) aiding and abetting child abduction;
7        (4) aggravated kidnapping;
8        (5) child abduction;
9        (6) aggravated battery of a child as described in
10    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11        (7) criminal sexual assault;
12        (8) aggravated criminal sexual assault;
13        (8.1) predatory criminal sexual assault of a child;
14        (9) criminal sexual abuse;
15        (10) aggravated sexual abuse;
16        (11) heinous battery as described in Section 12-4.1 or
17    subdivision (a)(2) of Section 12-3.05;
18        (12) aggravated battery with a firearm as described in
19    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
20    (e)(4) of Section 12-3.05;
21        (13) tampering with food, drugs, or cosmetics;
22        (14) drug-induced infliction of great bodily harm as
23    described in Section 12-4.7 or subdivision (g)(1) of
24    Section 12-3.05;
25        (15) aggravated stalking;
26        (16) home invasion;

 

 

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1        (17) vehicular invasion;
2        (18) criminal transmission of HIV;
3        (19) criminal abuse or neglect of an elderly person or
4    person with a disability as described in Section 12-21 or
5    subsection (b) of Section 12-4.4a;
6        (20) child abandonment;
7        (21) endangering the life or health of a child;
8        (22) ritual mutilation;
9        (23) ritualized abuse of a child;
10        (24) an offense in any other state the elements of
11    which are similar and bear a substantial relationship to
12    any of the foregoing offenses.
13    For the purpose of this subsection, "relative" shall
14include any person, 21 years of age or over, other than the
15parent, who (i) is currently related to the child in any of the
16following ways by blood or adoption: grandparent, sibling,
17great-grandparent, uncle, aunt, nephew, niece, first cousin,
18second cousin, godparent, great-uncle, or great-aunt; or (ii)
19is the spouse of such a relative; or (iii) is the child's
20step-father, step-mother, or adult step-brother or
21step-sister; or (iv) is a fictive kin; "relative" also
22includes a person related in any of the foregoing ways to a
23sibling of a child, even though the person is not related to
24the child, when the child and its sibling are placed together
25with that person. For children who have been in the
26guardianship of the Department, have been adopted, and are

 

 

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1subsequently returned to the temporary custody or guardianship
2of the Department, a "relative" may also include any person
3who would have qualified as a relative under this paragraph
4prior to the adoption, but only if the Department determines,
5and documents, that it would be in the child's best interests
6to consider this person a relative, based upon the factors for
7determining best interests set forth in subsection (4.05) of
8Section 1-3 of the Juvenile Court Act of 1987. A relative with
9whom a child is placed pursuant to this subsection may, but is
10not required to, apply for licensure as a foster family home
11pursuant to the Child Care Act of 1969; provided, however,
12that as of July 1, 1995, foster care payments shall be made
13only to licensed foster family homes pursuant to the terms of
14Section 5 of this Act.
15    Notwithstanding any other provision under this subsection
16to the contrary, a fictive kin with whom a child is placed
17pursuant to this subsection shall apply for licensure as a
18foster family home pursuant to the Child Care Act of 1969
19within 30 days 6 months of the child's placement with the
20fictive kin. The Department shall conduct an assessment of the
21home within 90 days of placement. The Department shall not
22remove a child from the home of a fictive kin on the basis that
23the fictive kin fails to apply for licensure within 6 months of
24the child's placement with the fictive kin, or fails to meet
25the standard for licensure. All other requirements established
26under the rules and procedures of the Department concerning

 

 

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1the placement of a child, for whom the Department is legally
2responsible, with a relative shall apply. By June 1, 2015, the
3Department shall promulgate rules establishing criteria and
4standards for placement, identification, and licensure of
5fictive kin.
6    For purposes of this subsection, "fictive kin" means any
7individual, unrelated by birth or marriage, who:
8        (i) is shown to have significant and close personal or
9    emotional ties with the child or the child's family prior
10    to the child's placement with the individual; or
11        (ii) is the current foster parent of a child in the
12    custody or guardianship of the Department pursuant to this
13    Act and the Juvenile Court Act of 1987, if the child has
14    been placed in the home for at least one year and has
15    established a significant and family-like relationship
16    with the foster parent, and the foster parent has been
17    identified by the Department as the child's permanent
18    connection, as defined by Department rule.
19    The provisions added to this subsection (b) by Public Act
2098-846 shall become operative on and after June 1, 2015.
21    (c) In placing a child under this Act, the Department
22shall ensure that the child's health, safety, and best
23interests are met. In rejecting placement of a child with an
24identified relative, the Department shall ensure that the
25child's health, safety, and best interests are met. In
26evaluating the best interests of the child, the Department

 

 

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1shall take into consideration the factors set forth in
2subsection (4.05) of Section 1-3 of the Juvenile Court Act of
31987.
4    The Department shall consider the individual needs of the
5child and the capacity of the prospective foster or adoptive
6parents to meet the needs of the child. When a child must be
7placed outside his or her home and cannot be immediately
8returned to his or her parents or guardian, a comprehensive,
9individualized assessment shall be performed of that child at
10which time the needs of the child shall be determined. Only if
11race, color, or national origin is identified as a legitimate
12factor in advancing the child's best interests shall it be
13considered. Race, color, or national origin shall not be
14routinely considered in making a placement decision. The
15Department shall make special efforts for the diligent
16recruitment of potential foster and adoptive families that
17reflect the ethnic and racial diversity of the children for
18whom foster and adoptive homes are needed. "Special efforts"
19shall include contacting and working with community
20organizations and religious organizations and may include
21contracting with those organizations, utilizing local media
22and other local resources, and conducting outreach activities.
23    (c-1) At the time of placement, the Department shall
24consider concurrent planning, as described in subsection (l-1)
25of Section 5, so that permanency may occur at the earliest
26opportunity. Consideration should be given so that if

 

 

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1reunification fails or is delayed, the placement made is the
2best available placement to provide permanency for the child.
3To the extent that doing so is in the child's best interests as
4set forth in subsection (4.05) of Section 1-3 of the Juvenile
5Court Act of 1987, the Department should consider placements
6that will permit the child to maintain a meaningful
7relationship with his or her parents.
8    (d) The Department may accept gifts, grants, offers of
9services, and other contributions to use in making special
10recruitment efforts.
11    (e) The Department in placing children in adoptive or
12foster care homes may not, in any policy or practice relating
13to the placement of children for adoption or foster care,
14discriminate against any child or prospective adoptive or
15foster parent on the basis of race.
16(Source: P.A. 99-143, eff. 7-27-15; 99-340, eff. 1-1-16;
1799-642, eff. 7-28-16; 99-836, eff. 1-1-17; 100-101, eff.
188-11-17.)
 
19    Section 10. The Child Care Act of 1969 is amended by
20changing Section 4 as follows:
 
21    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
22    Sec. 4. License requirement; application; notice.
23    (a) Any person, group of persons or corporation who or
24which receives children or arranges for care or placement of

 

 

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1one or more children unrelated to the operator must apply for a
2license to operate one of the types of facilities defined in
3Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
4relative, as defined in Section 2.17 of this Act, who receives
5a child or children for placement by the Department on a
6full-time basis shall apply within 30 days of placement may
7apply for a license to operate a foster family home as defined
8in Section 2.17 of this Act.
9    (a-5) Any agency, person, group of persons, association,
10organization, corporation, institution, center, or group
11providing adoption services must be licensed by the Department
12as a child welfare agency as defined in Section 2.08 of this
13Act. "Providing adoption services" as used in this Act,
14includes facilitating or engaging in adoption services.
15    (b) Application for a license to operate a child care
16facility must be made to the Department in the manner and on
17forms prescribed by it. An application to operate a foster
18family home shall include, at a minimum: a completed written
19form; written authorization by the applicant and all adult
20members of the applicant's household to conduct a criminal
21background investigation; medical evidence in the form of a
22medical report, on forms prescribed by the Department, that
23the applicant and all members of the household are free from
24communicable diseases or physical and mental conditions that
25affect their ability to provide care for the child or
26children; the names and addresses of at least 3 persons not

 

 

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1related to the applicant who can attest to the applicant's
2moral character; the name and address of at least one relative
3who can attest to the applicant's capability to care for the
4child or children; and fingerprints submitted by the applicant
5and all adult members of the applicant's household.
6    (b-5) Prior to submitting an application for a foster
7family home license, a quality of care concerns applicant as
8defined in Section 2.22a of this Act must submit a preliminary
9application to the Department in the manner and on forms
10prescribed by it. The Department shall explain to the quality
11of care concerns applicant the grounds for requiring a
12preliminary application. The preliminary application shall
13include a list of (i) all children placed in the home by the
14Department who were removed by the Department for reasons
15other than returning to a parent and the circumstances under
16which they were removed and (ii) all children placed by the
17Department who were subsequently adopted by or placed in the
18private guardianship of the quality of care concerns applicant
19who are currently under 18 and who no longer reside in the home
20and the reasons why they no longer reside in the home. The
21preliminary application shall also include, if the quality of
22care concerns applicant chooses to submit, (1) a response to
23the quality of care concerns, including any reason the
24concerns are invalid, have been addressed or ameliorated, or
25no longer apply and (2) affirmative documentation
26demonstrating that the quality of care concerns applicant's

 

 

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1home does not pose a risk to children and that the family will
2be able to meet the physical and emotional needs of children.
3The Department shall verify the information in the preliminary
4application and review (i) information regarding any prior
5licensing complaints, (ii) information regarding any prior
6child abuse or neglect investigations, and (iii) information
7regarding any involuntary foster home holds placed on the home
8by the Department. Foster home applicants with quality of care
9concerns are presumed unsuitable for future licensure.
10    Notwithstanding the provisions of this subsection (b-5),
11the Department may make an exception and issue a foster family
12license to a quality of care concerns applicant if the
13Department is satisfied that the foster family home does not
14pose a risk to children and that the foster family will be able
15to meet the physical and emotional needs of children. In
16making this determination, the Department must obtain and
17carefully review all relevant documents and shall obtain
18consultation from its Clinical Division as appropriate and as
19prescribed by Department rule and procedure. The Department
20has the authority to deny a preliminary application based on
21the record of quality of care concerns of the foster family
22home. In the alternative, the Department may (i) approve the
23preliminary application, (ii) approve the preliminary
24application subject to obtaining additional information or
25assessments, or (iii) approve the preliminary application for
26purposes of placing a particular child or children only in the

 

 

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1foster family home. If the Department approves a preliminary
2application, the foster family shall submit an application for
3licensure as described in subsection (b) of this Section. The
4Department shall notify the quality of care concerns applicant
5of its decision and the basis for its decision in writing.
6    (c) The Department shall notify the public when a child
7care institution, maternity center, or group home licensed by
8the Department undergoes a change in (i) the range of care or
9services offered at the facility, (ii) the age or type of
10children served, or (iii) the area within the facility used by
11children. The Department shall notify the public of the change
12in a newspaper of general circulation in the county or
13municipality in which the applicant's facility is or is
14proposed to be located.
15    (d) If, upon examination of the facility and investigation
16of persons responsible for care of children and, in the case of
17a foster home, taking into account information obtained for
18purposes of evaluating a preliminary application, if
19applicable, the Department is satisfied that the facility and
20responsible persons reasonably meet standards prescribed for
21the type of facility for which application is made, it shall
22issue a license in proper form, designating on that license
23the type of child care facility and, except for a child welfare
24agency, the number of children to be served at any one time.
25    (e) The Department shall not issue or renew the license of
26any child welfare agency providing adoption services, unless

 

 

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1the agency (i) is officially recognized by the United States
2Internal Revenue Service as a tax-exempt organization
3described in Section 501(c)(3) of the Internal Revenue Code of
41986 (or any successor provision of federal tax law) and (ii)
5is in compliance with all of the standards necessary to
6maintain its status as an organization described in Section
7501(c)(3) of the Internal Revenue Code of 1986 (or any
8successor provision of federal tax law). The Department shall
9grant a grace period of 24 months from the effective date of
10this amendatory Act of the 94th General Assembly for existing
11child welfare agencies providing adoption services to obtain
12501(c)(3) status. The Department shall permit an existing
13child welfare agency that converts from its current structure
14in order to be recognized as a 501(c)(3) organization as
15required by this Section to either retain its current license
16or transfer its current license to a newly formed entity, if
17the creation of a new entity is required in order to comply
18with this Section, provided that the child welfare agency
19demonstrates that it continues to meet all other licensing
20requirements and that the principal officers and directors and
21programs of the converted child welfare agency or newly
22organized child welfare agency are substantially the same as
23the original. The Department shall have the sole discretion to
24grant a one year extension to any agency unable to obtain
25501(c)(3) status within the timeframe specified in this
26subsection (e), provided that such agency has filed an

 

 

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1application for 501(c)(3) status with the Internal Revenue
2Service within the 2-year timeframe specified in this
3subsection (e).
4(Source: P.A. 101-63, eff. 7-12-19.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.