Illinois General Assembly - Full Text of SB2177
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Full Text of SB2177  102nd General Assembly




SB2177 EnrolledLRB102 17317 KTG 22803 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 7.3a as follows:
6    (20 ILCS 505/7.3a)
7    Sec. 7.3a. Normalcy parenting for children in foster care;
8participation in childhood activities.
9    (a) Legislative findings.
10        (1) Every day parents make important decisions about
11    their child's participation in extracurricular activities.
12    Caregivers for children in out-of-home care are faced with
13    making the same decisions.
14        (2) When a caregiver makes decisions, he or she must
15    consider applicable laws, rules, and regulations to
16    safeguard the health, safety, and best interests of a
17    child in out-of-home care.
18        (3) Participation in extracurricular activities is
19    important to a child's well-being, not only emotionally,
20    but also in developing valuable life skills.
21        (4) The General Assembly recognizes the importance of
22    making every effort to normalize the lives of children in
23    out-of-home care and to empower a caregiver to approve or



SB2177 Enrolled- 2 -LRB102 17317 KTG 22803 b

1    not approve a child's participation in appropriate
2    extracurricular activities based on the caregiver's own
3    assessment using the reasonable and prudent parent
4    standard, without prior approval of the Department, the
5    caseworker, or the court.
6        (5) Nothing in this Section shall be presumed to
7    discourage or diminish the engagement of families and
8    guardians in the child's life activities.
9    (b) Definitions. As used in this Section:
10    "Appropriate activities" means activities or items that
11are generally accepted as suitable for children of the same
12chronological age or developmental level of maturity.
13Appropriateness is based on the development of cognitive,
14emotional, physical, and behavioral capacity that is typical
15for an age or age group, taking into account the individual
16child's cognitive, emotional, physical, and behavioral
18    "Caregiver" means a person with whom the child is placed
19in out-of-home care or a designated official for child care
20facilities licensed by the Department as defined in the Child
21Care Act of 1969.
22    "Reasonable and prudent parent standard" means the
23standard characterized by careful and sensible parental
24decisions that maintain the child's health, safety, and best
25interests while at the same time supporting the child's
26emotional and developmental growth that a caregiver shall use



SB2177 Enrolled- 3 -LRB102 17317 KTG 22803 b

1when determining whether to allow a child in out-of-home care
2to participate in extracurricular, enrichment, cultural, and
3social activities.
4    (c) Requirements for decision-making.
5        (1) Each child who comes into the care and custody of
6    the Department is fully entitled to participate in
7    appropriate extracurricular, enrichment, cultural, and
8    social activities in a manner that allows that child to
9    participate in his or her community to the fullest extent
10    possible.
11        (2) Caregivers must use the reasonable and prudent
12    parent standard in determining whether to give permission
13    for a child in out-of-home care to participate in
14    appropriate extracurricular, enrichment, cultural, and
15    social activities. Caregivers are expected to promote and
16    support a child's participation in such activities. When
17    using the reasonable and prudent parent standard, the
18    caregiver shall consider:
19            (A) the child's age, maturity, and developmental
20        level to promote the overall health, safety, and best
21        interests of the child;
22            (B) the best interest of the child based on
23        information known by the caregiver;
24            (C) the importance and fundamental value of
25        encouraging the child's emotional and developmental
26        growth gained through participation in activities in



SB2177 Enrolled- 4 -LRB102 17317 KTG 22803 b

1        his or her community;
2            (D) the importance and fundamental value of
3        providing the child with the most family-like living
4        experience possible; and
5            (E) the behavioral history of the child and the
6        child's ability to safely participate in the proposed
7        activity.
8        (3) A caregiver is not liable for harm caused to a
9    child in out-of-home care who participates in an activity
10    approved by the caregiver, provided that the caregiver has
11    acted as a reasonable and prudent parent in permitting the
12    child to engage in the activity.
13    (c-5) No youth in care shall be required to store his or
14her belongings in plastic bags or in similar forms of
15disposable containers, including, but not limited to, trash
16bags, paper or plastic shopping bags, or pillow cases when
17relocating from one placement type to another placement type
18or when discharged from the custody or guardianship of the
19Department. The Department shall ensure that each youth in
20care has appropriate baggage and other items to store his or
21her belongings when moving through the State's child welfare
22system. As used in this subsection, "purchase of service
23agency" means any entity that contracts with the Department to
24provide services that are consistent with the purposes of this
26    (d) Rulemaking. The Department shall adopt, by rule,



SB2177 Enrolled- 5 -LRB102 17317 KTG 22803 b

1procedures no later than June 1, 2017 that promote and protect
2the ability of children to participate in appropriate
3extracurricular, enrichment, cultural, and social activities.
4(Source: P.A. 99-839, eff. 8-19-16.)