Illinois General Assembly - Full Text of SB3470
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Full Text of SB3470  102nd General Assembly

SB3470enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3470 EnrolledLRB102 23324 KTG 32490 b

1    AN ACT concerning State government.
 
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 Sections 5 and 35.10 and by adding Section 5.46 as
6follows:
 
7    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
8    Sec. 5. Direct child welfare services; Department of
9Children and Family Services. To provide direct child welfare
10services when not available through other public or private
11child care or program facilities.
12    (a) For purposes of this Section:
13        (1) "Children" means persons found within the State
14    who are under the age of 18 years. The term also includes
15    persons under age 21 who:
16            (A) were committed to the Department pursuant to
17        the Juvenile Court Act or the Juvenile Court Act of
18        1987 and who continue under the jurisdiction of the
19        court; or
20            (B) were accepted for care, service and training
21        by the Department prior to the age of 18 and whose best
22        interest in the discretion of the Department would be
23        served by continuing that care, service and training

 

 

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1        because of severe emotional disturbances, physical
2        disability, social adjustment or any combination
3        thereof, or because of the need to complete an
4        educational or vocational training program.
5        (2) "Homeless youth" means persons found within the
6    State who are under the age of 19, are not in a safe and
7    stable living situation and cannot be reunited with their
8    families.
9        (3) "Child welfare services" means public social
10    services which are directed toward the accomplishment of
11    the following purposes:
12            (A) protecting and promoting the health, safety
13        and welfare of children, including homeless,
14        dependent, or neglected children;
15            (B) remedying, or assisting in the solution of
16        problems which may result in, the neglect, abuse,
17        exploitation, or delinquency of children;
18            (C) preventing the unnecessary separation of
19        children from their families by identifying family
20        problems, assisting families in resolving their
21        problems, and preventing the breakup of the family
22        where the prevention of child removal is desirable and
23        possible when the child can be cared for at home
24        without endangering the child's health and safety;
25            (D) restoring to their families children who have
26        been removed, by the provision of services to the

 

 

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1        child and the families when the child can be cared for
2        at home without endangering the child's health and
3        safety;
4            (E) placing children in suitable adoptive homes,
5        in cases where restoration to the biological family is
6        not safe, possible, or appropriate;
7            (F) assuring safe and adequate care of children
8        away from their homes, in cases where the child cannot
9        be returned home or cannot be placed for adoption. At
10        the time of placement, the Department shall consider
11        concurrent planning, as described in subsection (l-1)
12        of this Section so that permanency may occur at the
13        earliest opportunity. Consideration should be given so
14        that if reunification fails or is delayed, the
15        placement made is the best available placement to
16        provide permanency for the child;
17            (G) (blank);
18            (H) (blank); and
19            (I) placing and maintaining children in facilities
20        that provide separate living quarters for children
21        under the age of 18 and for children 18 years of age
22        and older, unless a child 18 years of age is in the
23        last year of high school education or vocational
24        training, in an approved individual or group treatment
25        program, in a licensed shelter facility, or secure
26        child care facility. The Department is not required to

 

 

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1        place or maintain children:
2                (i) who are in a foster home, or
3                (ii) who are persons with a developmental
4            disability, as defined in the Mental Health and
5            Developmental Disabilities Code, or
6                (iii) who are female children who are
7            pregnant, pregnant and parenting, or parenting, or
8                (iv) who are siblings, in facilities that
9            provide separate living quarters for children 18
10            years of age and older and for children under 18
11            years of age.
12    (b) (Blank).
13    (c) The Department shall establish and maintain
14tax-supported child welfare services and extend and seek to
15improve voluntary services throughout the State, to the end
16that services and care shall be available on an equal basis
17throughout the State to children requiring such services.
18    (d) The Director may authorize advance disbursements for
19any new program initiative to any agency contracting with the
20Department. As a prerequisite for an advance disbursement, the
21contractor must post a surety bond in the amount of the advance
22disbursement and have a purchase of service contract approved
23by the Department. The Department may pay up to 2 months
24operational expenses in advance. The amount of the advance
25disbursement shall be prorated over the life of the contract
26or the remaining months of the fiscal year, whichever is less,

 

 

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1and the installment amount shall then be deducted from future
2bills. Advance disbursement authorizations for new initiatives
3shall not be made to any agency after that agency has operated
4during 2 consecutive fiscal years. The requirements of this
5Section concerning advance disbursements shall not apply with
6respect to the following: payments to local public agencies
7for child day care services as authorized by Section 5a of this
8Act; and youth service programs receiving grant funds under
9Section 17a-4.
10    (e) (Blank).
11    (f) (Blank).
12    (g) The Department shall establish rules and regulations
13concerning its operation of programs designed to meet the
14goals of child safety and protection, family preservation,
15family reunification, and adoption, including, but not limited
16to:
17        (1) adoption;
18        (2) foster care;
19        (3) family counseling;
20        (4) protective services;
21        (5) (blank);
22        (6) homemaker service;
23        (7) return of runaway children;
24        (8) (blank);
25        (9) placement under Section 5-7 of the Juvenile Court
26    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

 

 

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1    Court Act of 1987 in accordance with the federal Adoption
2    Assistance and Child Welfare Act of 1980; and
3        (10) interstate services.
4    Rules and regulations established by the Department shall
5include provisions for training Department staff and the staff
6of Department grantees, through contracts with other agencies
7or resources, in screening techniques to identify substance
8use disorders, as defined in the Substance Use Disorder Act,
9approved by the Department of Human Services, as a successor
10to the Department of Alcoholism and Substance Abuse, for the
11purpose of identifying children and adults who should be
12referred for an assessment at an organization appropriately
13licensed by the Department of Human Services for substance use
14disorder treatment.
15    (h) If the Department finds that there is no appropriate
16program or facility within or available to the Department for
17a youth in care and that no licensed private facility has an
18adequate and appropriate program or none agrees to accept the
19youth in care, the Department shall create an appropriate
20individualized, program-oriented plan for such youth in care.
21The plan may be developed within the Department or through
22purchase of services by the Department to the extent that it is
23within its statutory authority to do.
24    (i) Service programs shall be available throughout the
25State and shall include but not be limited to the following
26services:

 

 

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1        (1) case management;
2        (2) homemakers;
3        (3) counseling;
4        (4) parent education;
5        (5) day care; and
6        (6) emergency assistance and advocacy.
7    In addition, the following services may be made available
8to assess and meet the needs of children and families:
9        (1) comprehensive family-based services;
10        (2) assessments;
11        (3) respite care; and
12        (4) in-home health services.
13    The Department shall provide transportation for any of the
14services it makes available to children or families or for
15which it refers children or families.
16    (j) The Department may provide categories of financial
17assistance and education assistance grants, and shall
18establish rules and regulations concerning the assistance and
19grants, to persons who adopt children with physical or mental
20disabilities, children who are older, or other hard-to-place
21children who (i) immediately prior to their adoption were
22youth in care or (ii) were determined eligible for financial
23assistance with respect to a prior adoption and who become
24available for adoption because the prior adoption has been
25dissolved and the parental rights of the adoptive parents have
26been terminated or because the child's adoptive parents have

 

 

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1died. The Department may continue to provide financial
2assistance and education assistance grants for a child who was
3determined eligible for financial assistance under this
4subsection (j) in the interim period beginning when the
5child's adoptive parents died and ending with the finalization
6of the new adoption of the child by another adoptive parent or
7parents. The Department may also provide categories of
8financial assistance and education assistance grants, and
9shall establish rules and regulations for the assistance and
10grants, to persons appointed guardian of the person under
11Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
124-25, or 5-740 of the Juvenile Court Act of 1987 for children
13who were youth in care for 12 months immediately prior to the
14appointment of the guardian.
15    The amount of assistance may vary, depending upon the
16needs of the child and the adoptive parents, as set forth in
17the annual assistance agreement. Special purpose grants are
18allowed where the child requires special service but such
19costs may not exceed the amounts which similar services would
20cost the Department if it were to provide or secure them as
21guardian of the child.
22    Any financial assistance provided under this subsection is
23inalienable by assignment, sale, execution, attachment,
24garnishment, or any other remedy for recovery or collection of
25a judgment or debt.
26    (j-5) The Department shall not deny or delay the placement

 

 

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1of a child for adoption if an approved family is available
2either outside of the Department region handling the case, or
3outside of the State of Illinois.
4    (k) The Department shall accept for care and training any
5child who has been adjudicated neglected or abused, or
6dependent committed to it pursuant to the Juvenile Court Act
7or the Juvenile Court Act of 1987.
8    (l) The Department shall offer family preservation
9services, as defined in Section 8.2 of the Abused and
10Neglected Child Reporting Act, to help families, including
11adoptive and extended families. Family preservation services
12shall be offered (i) to prevent the placement of children in
13substitute care when the children can be cared for at home or
14in the custody of the person responsible for the children's
15welfare, (ii) to reunite children with their families, or
16(iii) to maintain an adoptive placement. Family preservation
17services shall only be offered when doing so will not endanger
18the children's health or safety. With respect to children who
19are in substitute care pursuant to the Juvenile Court Act of
201987, family preservation services shall not be offered if a
21goal other than those of subdivisions (A), (B), or (B-1) of
22subsection (2) of Section 2-28 of that Act has been set, except
23that reunification services may be offered as provided in
24paragraph (F) of subsection (2) of Section 2-28 of that Act.
25Nothing in this paragraph shall be construed to create a
26private right of action or claim on the part of any individual

 

 

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1or child welfare agency, except that when a child is the
2subject of an action under Article II of the Juvenile Court Act
3of 1987 and the child's service plan calls for services to
4facilitate achievement of the permanency goal, the court
5hearing the action under Article II of the Juvenile Court Act
6of 1987 may order the Department to provide the services set
7out in the plan, if those services are not provided with
8reasonable promptness and if those services are available.
9    The Department shall notify the child and his family of
10the Department's responsibility to offer and provide family
11preservation services as identified in the service plan. The
12child and his family shall be eligible for services as soon as
13the report is determined to be "indicated". The Department may
14offer services to any child or family with respect to whom a
15report of suspected child abuse or neglect has been filed,
16prior to concluding its investigation under Section 7.12 of
17the Abused and Neglected Child Reporting Act. However, the
18child's or family's willingness to accept services shall not
19be considered in the investigation. The Department may also
20provide services to any child or family who is the subject of
21any report of suspected child abuse or neglect or may refer
22such child or family to services available from other agencies
23in the community, even if the report is determined to be
24unfounded, if the conditions in the child's or family's home
25are reasonably likely to subject the child or family to future
26reports of suspected child abuse or neglect. Acceptance of

 

 

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1such services shall be voluntary. The Department may also
2provide services to any child or family after completion of a
3family assessment, as an alternative to an investigation, as
4provided under the "differential response program" provided
5for in subsection (a-5) of Section 7.4 of the Abused and
6Neglected Child Reporting Act.
7    The Department may, at its discretion except for those
8children also adjudicated neglected or dependent, accept for
9care and training any child who has been adjudicated addicted,
10as a truant minor in need of supervision or as a minor
11requiring authoritative intervention, under the Juvenile Court
12Act or the Juvenile Court Act of 1987, but no such child shall
13be committed to the Department by any court without the
14approval of the Department. On and after January 1, 2015 (the
15effective date of Public Act 98-803) and before January 1,
162017, a minor charged with a criminal offense under the
17Criminal Code of 1961 or the Criminal Code of 2012 or
18adjudicated delinquent shall not be placed in the custody of
19or committed to the Department by any court, except (i) a minor
20less than 16 years of age committed to the Department under
21Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22for whom an independent basis of abuse, neglect, or dependency
23exists, which must be defined by departmental rule, or (iii) a
24minor for whom the court has granted a supplemental petition
25to reinstate wardship pursuant to subsection (2) of Section
262-33 of the Juvenile Court Act of 1987. On and after January 1,

 

 

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12017, a minor charged with a criminal offense under the
2Criminal Code of 1961 or the Criminal Code of 2012 or
3adjudicated delinquent shall not be placed in the custody of
4or committed to the Department by any court, except (i) a minor
5less than 15 years of age committed to the Department under
6Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
7for whom an independent basis of abuse, neglect, or dependency
8exists, which must be defined by departmental rule, or (iii) a
9minor for whom the court has granted a supplemental petition
10to reinstate wardship pursuant to subsection (2) of Section
112-33 of the Juvenile Court Act of 1987. An independent basis
12exists when the allegations or adjudication of abuse, neglect,
13or dependency do not arise from the same facts, incident, or
14circumstances which give rise to a charge or adjudication of
15delinquency. The Department shall assign a caseworker to
16attend any hearing involving a youth in the care and custody of
17the Department who is placed on aftercare release, including
18hearings involving sanctions for violation of aftercare
19release conditions and aftercare release revocation hearings.
20    As soon as is possible after August 7, 2009 (the effective
21date of Public Act 96-134), the Department shall develop and
22implement a special program of family preservation services to
23support intact, foster, and adoptive families who are
24experiencing extreme hardships due to the difficulty and
25stress of caring for a child who has been diagnosed with a
26pervasive developmental disorder if the Department determines

 

 

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

 

 

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

 

 

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1best interests. At the time of placement, consideration should
2also be given so that if reunification fails or is delayed, the
3placement made is the best available placement to provide
4permanency for the child.
5    The Department shall adopt rules addressing concurrent
6planning for reunification and permanency. The Department
7shall consider the following factors when determining
8appropriateness of concurrent planning:
9        (1) the likelihood of prompt reunification;
10        (2) the past history of the family;
11        (3) the barriers to reunification being addressed by
12    the family;
13        (4) the level of cooperation of the family;
14        (5) the foster parents' willingness to work with the
15    family to reunite;
16        (6) the willingness and ability of the foster family
17    to provide an adoptive home or long-term placement;
18        (7) the age of the child;
19        (8) placement of siblings.
20    (m) The Department may assume temporary custody of any
21child if:
22        (1) it has received a written consent to such
23    temporary custody signed by the parents of the child or by
24    the parent having custody of the child if the parents are
25    not living together or by the guardian or custodian of the
26    child if the child is not in the custody of either parent,

 

 

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1    or
2        (2) the child is found in the State and neither a
3    parent, guardian nor custodian of the child can be
4    located.
5If the child is found in his or her residence without a parent,
6guardian, custodian, or responsible caretaker, the Department
7may, instead of removing the child and assuming temporary
8custody, place an authorized representative of the Department
9in that residence until such time as a parent, guardian, or
10custodian enters the home and expresses a willingness and
11apparent ability to ensure the child's health and safety and
12resume permanent charge of the child, or until a relative
13enters the home and is willing and able to ensure the child's
14health and safety and assume charge of the child until a
15parent, guardian, or custodian enters the home and expresses
16such willingness and ability to ensure the child's safety and
17resume permanent charge. After a caretaker has remained in the
18home for a period not to exceed 12 hours, the Department must
19follow those procedures outlined in Section 2-9, 3-11, 4-8, or
205-415 of the Juvenile Court Act of 1987.
21    The Department shall have the authority, responsibilities
22and duties that a legal custodian of the child would have
23pursuant to subsection (9) of Section 1-3 of the Juvenile
24Court Act of 1987. Whenever a child is taken into temporary
25custody pursuant to an investigation under the Abused and
26Neglected Child Reporting Act, or pursuant to a referral and

 

 

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1acceptance under the Juvenile Court Act of 1987 of a minor in
2limited custody, the Department, during the period of
3temporary custody and before the child is brought before a
4judicial officer as required by Section 2-9, 3-11, 4-8, or
55-415 of the Juvenile Court Act of 1987, shall have the
6authority, responsibilities and duties that a legal custodian
7of the child would have under subsection (9) of Section 1-3 of
8the Juvenile Court Act of 1987.
9    The Department shall ensure that any child taken into
10custody is scheduled for an appointment for a medical
11examination.
12    A parent, guardian, or custodian of a child in the
13temporary custody of the Department who would have custody of
14the child if he were not in the temporary custody of the
15Department may deliver to the Department a signed request that
16the Department surrender the temporary custody of the child.
17The Department may retain temporary custody of the child for
1810 days after the receipt of the request, during which period
19the Department may cause to be filed a petition pursuant to the
20Juvenile Court Act of 1987. If a petition is so filed, the
21Department shall retain temporary custody of the child until
22the court orders otherwise. If a petition is not filed within
23the 10-day period, the child shall be surrendered to the
24custody of the requesting parent, guardian, or custodian not
25later than the expiration of the 10-day period, at which time
26the authority and duties of the Department with respect to the

 

 

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

 

 

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1Department for any child placed in a licensed child care
2facility for board, clothing, care, training and supervision
3of such a child that exceed the average per capita cost of
4maintaining and of caring for a child in institutions for
5dependent or neglected children operated by the Department.
6However, such restriction on payments does not apply in cases
7where children require specialized care and treatment for
8problems of severe emotional disturbance, physical disability,
9social adjustment, or any combination thereof and suitable
10facilities for the placement of such children are not
11available at payment rates within the limitations set forth in
12this Section. All reimbursements for services delivered shall
13be absolutely inalienable by assignment, sale, attachment, or
14garnishment or otherwise.
15    (n-1) The Department shall provide or authorize child
16welfare services, aimed at assisting minors to achieve
17sustainable self-sufficiency as independent adults, for any
18minor eligible for the reinstatement of wardship pursuant to
19subsection (2) of Section 2-33 of the Juvenile Court Act of
201987, whether or not such reinstatement is sought or allowed,
21provided that the minor consents to such services and has not
22yet attained the age of 21. The Department shall have
23responsibility for the development and delivery of services
24under this Section. An eligible youth may access services
25under this Section through the Department of Children and
26Family Services or by referral from the Department of Human

 

 

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1Services. Youth participating in services under this Section
2shall cooperate with the assigned case manager in developing
3an agreement identifying the services to be provided and how
4the youth will increase skills to achieve self-sufficiency. A
5homeless shelter is not considered appropriate housing for any
6youth receiving child welfare services under this Section. The
7Department shall continue child welfare services under this
8Section to any eligible minor until the minor becomes 21 years
9of age, no longer consents to participate, or achieves
10self-sufficiency as identified in the minor's service plan.
11The Department of Children and Family Services shall create
12clear, readable notice of the rights of former foster youth to
13child welfare services under this Section and how such
14services may be obtained. The Department of Children and
15Family Services and the Department of Human Services shall
16disseminate this information statewide. The Department shall
17adopt regulations describing services intended to assist
18minors in achieving sustainable self-sufficiency as
19independent adults.
20    (o) The Department shall establish an administrative
21review and appeal process for children and families who
22request or receive child welfare services from the Department.
23Youth in care who are placed by private child welfare
24agencies, and foster families with whom those youth are
25placed, shall be afforded the same procedural and appeal
26rights as children and families in the case of placement by the

 

 

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1Department, including the right to an initial review of a
2private agency decision by that agency. The Department shall
3ensure that any private child welfare agency, which accepts
4youth in care for placement, affords those rights to children
5and foster families. The Department shall accept for
6administrative review and an appeal hearing a complaint made
7by (i) a child or foster family concerning a decision
8following an initial review by a private child welfare agency
9or (ii) a prospective adoptive parent who alleges a violation
10of subsection (j-5) of this Section. An appeal of a decision
11concerning a change in the placement of a child shall be
12conducted in an expedited manner. A court determination that a
13current foster home placement is necessary and appropriate
14under Section 2-28 of the Juvenile Court Act of 1987 does not
15constitute a judicial determination on the merits of an
16administrative appeal, filed by a former foster parent,
17involving a change of placement decision.
18    (p) (Blank).
19    (q) The Department may receive and use, in their entirety,
20for the benefit of children any gift, donation, or bequest of
21money or other property which is received on behalf of such
22children, or any financial benefits to which such children are
23or may become entitled while under the jurisdiction or care of
24the Department, except that the benefits described in Section
255.46 must be used and conserved consistent with the provisions
26under Section 5.46.

 

 

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1    The Department shall set up and administer no-cost,
2interest-bearing accounts in appropriate financial
3institutions for children for whom the Department is legally
4responsible and who have been determined eligible for
5Veterans' Benefits, Social Security benefits, assistance
6allotments from the armed forces, court ordered payments,
7parental voluntary payments, Supplemental Security Income,
8Railroad Retirement payments, Black Lung benefits, or other
9miscellaneous payments. Interest earned by each account shall
10be credited to the account, unless disbursed in accordance
11with this subsection.
12    In disbursing funds from children's accounts, the
13Department shall:
14        (1) Establish standards in accordance with State and
15    federal laws for disbursing money from children's
16    accounts. In all circumstances, the Department's
17    "Guardianship Administrator" or his or her designee must
18    approve disbursements from children's accounts. The
19    Department shall be responsible for keeping complete
20    records of all disbursements for each account for any
21    purpose.
22        (2) Calculate on a monthly basis the amounts paid from
23    State funds for the child's board and care, medical care
24    not covered under Medicaid, and social services; and
25    utilize funds from the child's account, as covered by
26    regulation, to reimburse those costs. Monthly,

 

 

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1    disbursements from all children's accounts, up to 1/12 of
2    $13,000,000, shall be deposited by the Department into the
3    General Revenue Fund and the balance over 1/12 of
4    $13,000,000 into the DCFS Children's Services Fund.
5        (3) Maintain any balance remaining after reimbursing
6    for the child's costs of care, as specified in item (2).
7    The balance shall accumulate in accordance with relevant
8    State and federal laws and shall be disbursed to the child
9    or his or her guardian, or to the issuing agency.
10    (r) The Department shall promulgate regulations
11encouraging all adoption agencies to voluntarily forward to
12the Department or its agent names and addresses of all persons
13who have applied for and have been approved for adoption of a
14hard-to-place child or child with a disability and the names
15of such children who have not been placed for adoption. A list
16of such names and addresses shall be maintained by the
17Department or its agent, and coded lists which maintain the
18confidentiality of the person seeking to adopt the child and
19of the child shall be made available, without charge, to every
20adoption agency in the State to assist the agencies in placing
21such children for adoption. The Department may delegate to an
22agent its duty to maintain and make available such lists. The
23Department shall ensure that such agent maintains the
24confidentiality of the person seeking to adopt the child and
25of the child.
26    (s) The Department of Children and Family Services may

 

 

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1establish and implement a program to reimburse Department and
2private child welfare agency foster parents licensed by the
3Department of Children and Family Services for damages
4sustained by the foster parents as a result of the malicious or
5negligent acts of foster children, as well as providing third
6party coverage for such foster parents with regard to actions
7of foster children to other individuals. Such coverage will be
8secondary to the foster parent liability insurance policy, if
9applicable. The program shall be funded through appropriations
10from the General Revenue Fund, specifically designated for
11such purposes.
12    (t) The Department shall perform home studies and
13investigations and shall exercise supervision over visitation
14as ordered by a court pursuant to the Illinois Marriage and
15Dissolution of Marriage Act or the Adoption Act only if:
16        (1) an order entered by an Illinois court specifically
17    directs the Department to perform such services; and
18        (2) the court has ordered one or both of the parties to
19    the proceeding to reimburse the Department for its
20    reasonable costs for providing such services in accordance
21    with Department rules, or has determined that neither
22    party is financially able to pay.
23    The Department shall provide written notification to the
24court of the specific arrangements for supervised visitation
25and projected monthly costs within 60 days of the court order.
26The Department shall send to the court information related to

 

 

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1the costs incurred except in cases where the court has
2determined the parties are financially unable to pay. The
3court may order additional periodic reports as appropriate.
4    (u) In addition to other information that must be
5provided, whenever the Department places a child with a
6prospective adoptive parent or parents, in a licensed foster
7home, group home, or child care institution, or in a relative
8home, the Department shall provide to the prospective adoptive
9parent or parents or other caretaker:
10        (1) available detailed information concerning the
11    child's educational and health history, copies of
12    immunization records (including insurance and medical card
13    information), a history of the child's previous
14    placements, if any, and reasons for placement changes
15    excluding any information that identifies or reveals the
16    location of any previous caretaker;
17        (2) a copy of the child's portion of the client
18    service plan, including any visitation arrangement, and
19    all amendments or revisions to it as related to the child;
20    and
21        (3) information containing details of the child's
22    individualized educational plan when the child is
23    receiving special education services.
24    The caretaker shall be informed of any known social or
25behavioral information (including, but not limited to,
26criminal background, fire setting, perpetuation of sexual

 

 

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

 

 

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1supervisory level.
2    (u-5) Effective July 1, 1995, only foster care placements
3licensed as foster family homes pursuant to the Child Care Act
4of 1969 shall be eligible to receive foster care payments from
5the Department. Relative caregivers who, as of July 1, 1995,
6were approved pursuant to approved relative placement rules
7previously promulgated by the Department at 89 Ill. Adm. Code
8335 and had submitted an application for licensure as a foster
9family home may continue to receive foster care payments only
10until the Department determines that they may be licensed as a
11foster family home or that their application for licensure is
12denied or until September 30, 1995, whichever occurs first.
13    (v) The Department shall access criminal history record
14information as defined in the Illinois Uniform Conviction
15Information Act and information maintained in the adjudicatory
16and dispositional record system as defined in Section 2605-355
17of the Illinois State Police Law if the Department determines
18the information is necessary to perform its duties under the
19Abused and Neglected Child Reporting Act, the Child Care Act
20of 1969, and the Children and Family Services Act. The
21Department shall provide for interactive computerized
22communication and processing equipment that permits direct
23on-line communication with the Illinois State Police's central
24criminal history data repository. The Department shall comply
25with all certification requirements and provide certified
26operators who have been trained by personnel from the Illinois

 

 

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1State Police. In addition, one Office of the Inspector General
2investigator shall have training in the use of the criminal
3history information access system and have access to the
4terminal. The Department of Children and Family Services and
5its employees shall abide by rules and regulations established
6by the Illinois State Police relating to the access and
7dissemination of this information.
8    (v-1) Prior to final approval for placement of a child,
9the Department shall conduct a criminal records background
10check of the prospective foster or adoptive parent, including
11fingerprint-based checks of national crime information
12databases. Final approval for placement shall not be granted
13if the record check reveals a felony conviction for child
14abuse or neglect, for spousal abuse, for a crime against
15children, or for a crime involving violence, including rape,
16sexual assault, or homicide, but not including other physical
17assault or battery, or if there is a felony conviction for
18physical assault, battery, or a drug-related offense committed
19within the past 5 years.
20    (v-2) Prior to final approval for placement of a child,
21the Department shall check its child abuse and neglect
22registry for information concerning prospective foster and
23adoptive parents, and any adult living in the home. If any
24prospective foster or adoptive parent or other adult living in
25the home has resided in another state in the preceding 5 years,
26the Department shall request a check of that other state's

 

 

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1child abuse and neglect registry.
2    (w) Within 120 days of August 20, 1995 (the effective date
3of Public Act 89-392), the Department shall prepare and submit
4to the Governor and the General Assembly, a written plan for
5the development of in-state licensed secure child care
6facilities that care for children who are in need of secure
7living arrangements for their health, safety, and well-being.
8For purposes of this subsection, secure care facility shall
9mean a facility that is designed and operated to ensure that
10all entrances and exits from the facility, a building or a
11distinct part of the building, are under the exclusive control
12of the staff of the facility, whether or not the child has the
13freedom of movement within the perimeter of the facility,
14building, or distinct part of the building. The plan shall
15include descriptions of the types of facilities that are
16needed in Illinois; the cost of developing these secure care
17facilities; the estimated number of placements; the potential
18cost savings resulting from the movement of children currently
19out-of-state who are projected to be returned to Illinois; the
20necessary geographic distribution of these facilities in
21Illinois; and a proposed timetable for development of such
22facilities.
23    (x) The Department shall conduct annual credit history
24checks to determine the financial history of children placed
25under its guardianship pursuant to the Juvenile Court Act of
261987. The Department shall conduct such credit checks starting

 

 

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1when a youth in care turns 12 years old and each year
2thereafter for the duration of the guardianship as terminated
3pursuant to the Juvenile Court Act of 1987. The Department
4shall determine if financial exploitation of the child's
5personal information has occurred. If financial exploitation
6appears to have taken place or is presently ongoing, the
7Department shall notify the proper law enforcement agency, the
8proper State's Attorney, or the Attorney General.
9    (y) Beginning on July 22, 2010 (the effective date of
10Public Act 96-1189), a child with a disability who receives
11residential and educational services from the Department shall
12be eligible to receive transition services in accordance with
13Article 14 of the School Code from the age of 14.5 through age
1421, inclusive, notwithstanding the child's residential
15services arrangement. For purposes of this subsection, "child
16with a disability" means a child with a disability as defined
17by the federal Individuals with Disabilities Education
18Improvement Act of 2004.
19    (z) The Department shall access criminal history record
20information as defined as "background information" in this
21subsection and criminal history record information as defined
22in the Illinois Uniform Conviction Information Act for each
23Department employee or Department applicant. Each Department
24employee or Department applicant shall submit his or her
25fingerprints to the Illinois State Police in the form and
26manner prescribed by the Illinois State Police. These

 

 

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1fingerprints shall be checked against the fingerprint records
2now and hereafter filed in the Illinois State Police and the
3Federal Bureau of Investigation criminal history records
4databases. The Illinois State Police shall charge a fee for
5conducting the criminal history record check, which shall be
6deposited into the State Police Services Fund and shall not
7exceed the actual cost of the record check. The Illinois State
8Police shall furnish, pursuant to positive identification, all
9Illinois conviction information to the Department of Children
10and Family Services.
11    For purposes of this subsection:
12    "Background information" means all of the following:
13        (i) Upon the request of the Department of Children and
14    Family Services, conviction information obtained from the
15    Illinois State Police as a result of a fingerprint-based
16    criminal history records check of the Illinois criminal
17    history records database and the Federal Bureau of
18    Investigation criminal history records database concerning
19    a Department employee or Department applicant.
20        (ii) Information obtained by the Department of
21    Children and Family Services after performing a check of
22    the Illinois State Police's Sex Offender Database, as
23    authorized by Section 120 of the Sex Offender Community
24    Notification Law, concerning a Department employee or
25    Department applicant.
26        (iii) Information obtained by the Department of

 

 

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1    Children and Family Services after performing a check of
2    the Child Abuse and Neglect Tracking System (CANTS)
3    operated and maintained by the Department.
4    "Department employee" means a full-time or temporary
5employee coded or certified within the State of Illinois
6Personnel System.
7    "Department applicant" means an individual who has
8conditional Department full-time or part-time work, a
9contractor, an individual used to replace or supplement staff,
10an academic intern, a volunteer in Department offices or on
11Department contracts, a work-study student, an individual or
12entity licensed by the Department, or an unlicensed service
13provider who works as a condition of a contract or an agreement
14and whose work may bring the unlicensed service provider into
15contact with Department clients or client records.
16(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
17101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
188-20-21.)
 
19    (20 ILCS 505/5.46 new)
20    Sec. 5.46. Application for Social Security benefits,
21Supplemental Security Income, Veterans benefits, and Railroad
22Retirement benefits.
23    (a) Definitions. As used in this Section:
24    "Benefits" means Social Security benefits, Supplemental
25Security Income, Veterans benefits, and Railroad Retirement

 

 

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1benefits.
2    "Youth's attorney and guardian ad litem" means the person
3appointed as the youth's attorney or guardian ad litem in
4accordance with the Juvenile Court Act of 1987 in the
5proceeding in which the Department is appointed as the youth's
6guardian or custodian.
7    (b) Application for benefits.
8        (1) Upon receiving temporary custody or guardianship
9    of a youth in care, the Department shall assess the youth
10    to determine whether the youth may be eligible for
11    benefits. If, after the assessment, the Department
12    determines that the youth may be eligible for benefits,
13    the Department shall ensure that an application is filed
14    on behalf of the youth. The Department shall prescribe by
15    rule how it will review cases of youth in care at regular
16    intervals to determine whether the youth may have become
17    eligible for benefits after the initial assessment. The
18    Department shall make reasonable efforts to encourage
19    youth in care over the age of 18 who are likely eligible
20    for benefits to cooperate with the application process and
21    to assist youth with the application process.
22        (2) When applying for benefits under this Section for
23    a youth in care the Department shall identify a
24    representative payee in accordance with the requirements
25    of 20 CFR 404.2021 and 416.621. If the Department is
26    seeking to be appointed as the youth's representative

 

 

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1    payee, the Department must consider input, if provided,
2    from the youth's attorney and guardian ad litem regarding
3    whether another representative payee, consistent with the
4    requirements of 20 CFR 404.2021 and 416.621, is available.
5    If the Department serves as the representative payee for a
6    youth over the age of 18, the Department shall request a
7    court order, as described in subparagraph (C) of paragraph
8    (1) of subsection (d) and in subparagraph (C) of paragraph
9    (2) of subsection (d).
10    (c) Notifications. The Department shall immediately notify
11a youth over the age of 16, the youth's attorney and guardian
12ad litem, and the youth's parent or legal guardian or another
13responsible adult of:
14        (1) any application for or any application to become
15    representative payee for benefits on behalf of a youth in
16    care;
17        (2) any communications from the Social Security
18    Administration, the U.S. Department of Veterans Affairs,
19    or the Railroad Retirement Board pertaining to the
20    acceptance or denial of benefits or the selection of a
21    representative payee; and
22        (3) any appeal or other action requested by the
23    Department regarding an application for benefits.
24    (d) Use of benefits. Consistent with federal law, when the
25Department serves as the representative payee for a youth
26receiving benefits and receives benefits on the youth's

 

 

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1behalf, the Department shall:
2        (1) Beginning January 1, 2023, ensure that when the
3    youth attains the age of 14 years and until the Department
4    no longer serves as the representative payee, a minimum
5    percentage of the youth's Supplemental Security Income
6    benefits are conserved in accordance with paragraph (4) as
7    follows:
8            (A) From the age of 14 through age 15, at least
9        40%.
10            (B) From the age of 16 through age 17, at least
11        80%.
12            (C) From the age of 18 through 20, 100%, when a
13        court order has been entered expressly allowing the
14        Department to have the authority to establish and
15        serve as an authorized agent of the youth over the age
16        of 18 with respect to an account established in
17        accordance with paragraph (4).
18        (2) Beginning January 1, 2024, ensure that when the
19    youth attains the age of 14 years and until the Department
20    no longer serves as the representative payee a minimum
21    percentage of the youth's Social Security benefits,
22    Veterans benefits, or Railroad Retirement benefits are
23    conserved in accordance with paragraph (4) as follows:
24            (A) From the age of 14 through age 15, at least
25        40%.
26            (B) From the age of 16 through age 17, at least

 

 

SB3470 Enrolled- 36 -LRB102 23324 KTG 32490 b

1        80%.
2            (C) From the age of 18 through 20, 100%, when a
3        court order has been entered expressly allowing the
4        Department to have the authority to establish and
5        serve as an authorized agent of the youth over the age
6        of 18 with respect to an account established in
7        accordance with paragraph (4).
8        (3) Exercise discretion in accordance with federal law
9    and in the best interests of the youth when making
10    decisions to use or conserve the youth's benefits that are
11    less than or not subject to asset or resource limits under
12    federal law, including using the benefits to address the
13    youth's special needs and conserving the benefits for the
14    youth's reasonably foreseeable future needs.
15        (4) Appropriately monitor any federal asset or
16    resource limits for the benefits and ensure that the
17    youth's best interest is served by using or conserving the
18    benefits in a way that avoids violating any federal asset
19    or resource limits that would affect the youth's
20    eligibility to receive the benefits, including:
21            (A) applying to the Social Security Administration
22        to establish a Plan to Achieve Self-Support (PASS)
23        Account for the youth under the Social Security Act
24        and determining whether it is in the best interest of
25        the youth to conserve all or parts of the benefits in
26        the PASS account;

 

 

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1            (B) establishing a 529 plan for the youth and
2        conserving the youth's benefits in that account in a
3        manner that appropriately avoids any federal asset or
4        resource limits;
5            (C) establishing an Individual Development Account
6        for the youth and conserving the youth's benefits in
7        that account in a manner that appropriately avoids any
8        federal asset or resource limits;
9            (D) establishing an ABLE account authorized by
10        Section 529A of the Internal Revenue Code of 1986, for
11        the youth and conserving the youth's benefits in that
12        account in a manner that appropriately avoids any
13        federal asset or resource limits;
14            (E) establishing a Social Security Plan to Achieve
15        Self-Support account for the youth and conserving the
16        youth's benefits in a manner that appropriately avoids
17        any federal asset or resource limits;
18            (F) establishing a special needs trust for the
19        youth and conserving the youth's benefits in the trust
20        in a manner that is consistent with federal
21        requirements for special needs trusts and that
22        appropriately avoids any federal asset or resource
23        limits;
24            (G) if the Department determines that using the
25        benefits for services for current special needs not
26        already provided by the Department is in the best

 

 

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1        interest of the youth, using the benefits for those
2        services;
3            (H) if federal law requires certain back payments
4        of benefits to be placed in a dedicated account,
5        complying with the requirements for dedicated accounts
6        under 20 CFR 416.640(e); and
7            (I) applying any other exclusions from federal
8        asset or resource limits available under federal law
9        and using or conserving the youth's benefits in a
10        manner that appropriately avoids any federal asset or
11        resource limits.
12    (e) By July 1, 2024, the Department shall provide a report
13to the General Assembly regarding youth in care who receive
14benefits who are not subject to this Act. The report shall
15discuss a goal of expanding conservation of children's
16benefits to all benefits of all children of any age for whom
17the Department serves as representative payee. The report
18shall include a description of any identified obstacles, steps
19to be taken to address the obstacles, and a description of any
20need for statutory, rule, or procedural changes.
21    (f) Accounting. The Department shall provide an annual
22accounting to the youth's attorney and guardian ad litem of
23how the youth's benefits have been used and conserved. In
24addition, within 10 business days of a request from a youth or
25the youth's attorney and guardian ad litem, the Department
26shall provide an accounting to the youth of how the youth's

 

 

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1benefits have been used and conserved. The accounting shall
2include:
3        (1) The amount of benefits received on the youth's
4    behalf since the most recent accounting and the date the
5    benefits were received.
6        (2) Information regarding the youth's benefits and
7    resources, including the youth's benefits, insurance, cash
8    assets, trust accounts, earnings, and other resources.
9        (3) An accounting of the disbursement of benefit
10    funds, including the date, amount, identification of
11    payee, and purpose.
12        (4) Information regarding each request by the youth,
13    the youth's attorney and guardian ad litem, or the youth's
14    caregiver for disbursement of funds and a statement
15    regarding the reason for not granting the request if the
16    request was denied.
17    When the Department's guardianship of the youth is being
18terminated, the Department shall provide (i) a final
19accounting to the Social Security Administration, to the
20youth's attorney and guardian ad litem, and to either the
21person or persons who will assume guardianship of the youth or
22who is in the process of adopting the youth, if the youth is
23under 18, or to the youth, if the youth is over 18 and (ii)
24information to the parent, guardian, or youth regarding how to
25apply to become the representative payee. The Department shall
26adopt rules to ensure that the representative payee

 

 

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1transitions occur in a timely and appropriate manner.
2    (g) Financial literacy. The Department shall provide the
3youth with financial literacy training and support, including
4specific information regarding the existence, availability,
5and use of funds conserved for the youth in accordance with
6this subsection, beginning by age 14. The literacy program and
7support services shall be developed in consultation with input
8from the Department's Statewide Youth Advisory Board.
9    (h) Adoption of rules. The Department shall adopt rules to
10implement the provisions of this Section by January 1, 2023.
11    (i) Reporting. No later than February 28, 2023, the
12Department shall file a report with the General Assembly
13providing the following information for State Fiscal Years
142019, 2020, 2021, and 2022 and annually beginning February 28,
152023, for the preceding fiscal year:
16        (1) The number of youth entering care.
17        (2) The number of youth entering care receiving each
18    of the following types of benefits: Social Security
19    benefits, Supplemental Security Income, Veterans benefits,
20    Railroad Retirement benefits.
21        (3) The number of youth entering care for whom the
22    Department filed an application for each of the following
23    types of benefits: Social Security benefits, Supplemental
24    Security Income, Veterans benefits, Railroad Retirement
25    benefits.
26        (4) The number of youth entering care who were awarded

 

 

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1    each of the following types of benefits based on an
2    application filed by the Department: Social Security
3    benefits, Supplemental Security Income, Veterans benefits,
4    Railroad Retirement benefits.
5    (j) Annually beginning December 31, 2023, the Department
6shall file a report with the General Assembly with the
7following information regarding the preceding fiscal year:
8        (1) the number of conserved accounts established and
9    maintained for youth in care;
10        (2) the average amount conserved by age group; and
11        (3) the total amount conserved by age group.
 
12    (20 ILCS 505/35.10)
13    Sec. 35.10. Documents necessary for adult living. The
14Department shall assist a youth in care in identifying and
15obtaining documents necessary to function as an independent
16adult prior to the closure of the youth's case to terminate
17wardship as provided in Section 2-31 of the Juvenile Court Act
18of 1987. These necessary documents shall include, but not be
19limited to, any of the following:
20        (1) State identification card or driver's license.
21        (2) Social Security card.
22        (3) Medical records, including, but not limited to,
23    health passport, dental records, immunization records,
24    name and contact information for all current medical,
25    dental, and mental health providers, and a signed

 

 

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1    certification that the Department provided the youth with
2    education on executing a healthcare power of attorney.
3        (4) Medicaid card or other health eligibility
4    documentation.
5        (5) Certified copy of birth certificate.
6        (6) Any applicable religious documents.
7        (7) Voter registration card.
8        (8) Immigration, citizenship, or naturalization
9    documentation, if applicable.
10        (9) Death certificates of parents, if applicable.
11        (10) Life book or compilation of personal history and
12    photographs.
13        (11) List of known relatives with relationships,
14    addresses, telephone numbers, and other contact
15    information, with the permission of the involved relative.
16        (12) Resume.
17        (13) Educational records, including list of schools
18    attended, and transcript, high school diploma, or high
19    school equivalency certificate.
20        (14) List of placements while in care.
21        (15) List of community resources with referral
22    information, including the Midwest Adoption Center for
23    search and reunion services for former youth in care,
24    whether or not they were adopted, and the Illinois Chapter
25    of Foster Care Alumni of America.
26        (16) All documents necessary to complete a Free

 

 

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1    Application for Federal Student Aid form, if applicable,
2    or an application for State financial aid.
3        (17) If applicable, a final accounting of the account
4    maintained on behalf of the youth as provided under
5    Section 5.46.
6If a court determines that a youth in care no longer requires
7wardship of the court and orders the wardship terminated and
8all proceedings under the Juvenile Court Act of 1987
9respecting the youth in care finally closed and discharged,
10the Department shall ensure that the youth in care receives a
11copy of the court's order.
12(Source: P.A. 102-70, eff. 1-1-22.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.