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Full Text of SB0689  102nd General Assembly

SB0689 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0689

 

Introduced 2/25/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/5  from Ch. 23, par. 5005

    Amends the Children and Family Services Act. In a provision permitting the Department of Children and Family Services to provide or refer a child or family to services available from other agencies, provides that if a family chooses to receive family preservation services and there are children under the age of 6 living in the household, those children shall be enrolled in appropriate early childhood education services. Effective immediately.


LRB102 11430 KTG 16763 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0689LRB102 11430 KTG 16763 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 Section 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State
13    who are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of
17        1987, as amended, and who continue under the
18        jurisdiction of the court; or
19            (B) were accepted for care, service and training
20        by the Department prior to the age of 18 and whose best
21        interest in the discretion of the Department would be
22        served by continuing that care, service and training
23        because of severe emotional disturbances, physical

 

 

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

 

 

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

 

 

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

 

 

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1bills. Advance disbursement authorizations for new initiatives
2shall not be made to any agency after that agency has operated
3during 2 consecutive fiscal years. The requirements of this
4Section concerning advance disbursements shall not apply with
5respect to the following: payments to local public agencies
6for child day care services as authorized by Section 5a of this
7Act; and youth service programs receiving grant funds under
8Section 17a-4.
9    (e) (Blank).
10    (f) (Blank).
11    (g) The Department shall establish rules and regulations
12concerning its operation of programs designed to meet the
13goals of child safety and protection, family preservation,
14family reunification, and adoption, including, but not limited
15to:
16        (1) adoption;
17        (2) foster care;
18        (3) family counseling;
19        (4) protective services;
20        (5) (blank);
21        (6) homemaker service;
22        (7) return of runaway children;
23        (8) (blank);
24        (9) placement under Section 5-7 of the Juvenile Court
25    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
26    Court Act of 1987 in accordance with the federal Adoption

 

 

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

 

 

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

 

 

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1assistance and education assistance grants for a child who was
2determined eligible for financial assistance under this
3subsection (j) in the interim period beginning when the
4child's adoptive parents died and ending with the finalization
5of the new adoption of the child by another adoptive parent or
6parents. The Department may also provide categories of
7financial assistance and education assistance grants, and
8shall establish rules and regulations for the assistance and
9grants, to persons appointed guardian of the person under
10Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
114-25, or 5-740 of the Juvenile Court Act of 1987 for children
12who were youth in care for 12 months immediately prior to the
13appointment of the guardian.
14    The amount of assistance may vary, depending upon the
15needs of the child and the adoptive parents, as set forth in
16the annual assistance agreement. Special purpose grants are
17allowed where the child requires special service but such
18costs may not exceed the amounts which similar services would
19cost the Department if it were to provide or secure them as
20guardian of the child.
21    Any financial assistance provided under this subsection is
22inalienable by assignment, sale, execution, attachment,
23garnishment, or any other remedy for recovery or collection of
24a judgment or debt.
25    (j-5) The Department shall not deny or delay the placement
26of a child for adoption if an approved family is available

 

 

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1either outside of the Department region handling the case, or
2outside of the State of Illinois.
3    (k) The Department shall accept for care and training any
4child who has been adjudicated neglected or abused, or
5dependent committed to it pursuant to the Juvenile Court Act
6or the Juvenile Court Act of 1987.
7    (l) The Department shall offer family preservation
8services, as defined in Section 8.2 of the Abused and
9Neglected Child Reporting Act, to help families, including
10adoptive and extended families. Family preservation services
11shall be offered (i) to prevent the placement of children in
12substitute care when the children can be cared for at home or
13in the custody of the person responsible for the children's
14welfare, (ii) to reunite children with their families, or
15(iii) to maintain an adoptive placement. Family preservation
16services shall only be offered when doing so will not endanger
17the children's health or safety. With respect to children who
18are in substitute care pursuant to the Juvenile Court Act of
191987, family preservation services shall not be offered if a
20goal other than those of subdivisions (A), (B), or (B-1) of
21subsection (2) of Section 2-28 of that Act has been set, except
22that reunification services may be offered as provided in
23paragraph (F) of subsection (2) of Section 2-28 of that Act.
24Nothing in this paragraph shall be construed to create a
25private right of action or claim on the part of any individual
26or child welfare agency, except that when a child is the

 

 

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

 

 

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1to receive family preservation services and there are children
2under the age of 6 living in the household, those children
3shall be enrolled in appropriate early childhood education
4services. The Department may also provide services to any
5child or family after completion of a family assessment, as an
6alternative to an investigation, as provided under the
7"differential response program" provided for in subsection
8(a-5) of Section 7.4 of the Abused and Neglected Child
9Reporting Act.
10    The Department may, at its discretion except for those
11children also adjudicated neglected or dependent, accept for
12care and training any child who has been adjudicated addicted,
13as a truant minor in need of supervision or as a minor
14requiring authoritative intervention, under the Juvenile Court
15Act or the Juvenile Court Act of 1987, but no such child shall
16be committed to the Department by any court without the
17approval of the Department. On and after January 1, 2015 (the
18effective date of Public Act 98-803) and before January 1,
192017, a minor charged with a criminal offense under the
20Criminal Code of 1961 or the Criminal Code of 2012 or
21adjudicated delinquent shall not be placed in the custody of
22or committed to the Department by any court, except (i) a minor
23less than 16 years of age committed to the Department under
24Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
25for whom an independent basis of abuse, neglect, or dependency
26exists, which must be defined by departmental rule, or (iii) a

 

 

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1minor for whom the court has granted a supplemental petition
2to reinstate wardship pursuant to subsection (2) of Section
32-33 of the Juvenile Court Act of 1987. On and after January 1,
42017, a minor charged with a criminal offense under the
5Criminal Code of 1961 or the Criminal Code of 2012 or
6adjudicated delinquent shall not be placed in the custody of
7or committed to the Department by any court, except (i) a minor
8less than 15 years of age committed to the Department under
9Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
10for whom an independent basis of abuse, neglect, or dependency
11exists, which must be defined by departmental rule, or (iii) a
12minor for whom the court has granted a supplemental petition
13to reinstate wardship pursuant to subsection (2) of Section
142-33 of the Juvenile Court Act of 1987. An independent basis
15exists when the allegations or adjudication of abuse, neglect,
16or dependency do not arise from the same facts, incident, or
17circumstances which give rise to a charge or adjudication of
18delinquency. The Department shall assign a caseworker to
19attend any hearing involving a youth in the care and custody of
20the Department who is placed on aftercare release, including
21hearings involving sanctions for violation of aftercare
22release conditions and aftercare release revocation hearings.
23    As soon as is possible after August 7, 2009 (the effective
24date of Public Act 96-134), the Department shall develop and
25implement a special program of family preservation services to
26support intact, foster, and adoptive families who are

 

 

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1experiencing extreme hardships due to the difficulty and
2stress of caring for a child who has been diagnosed with a
3pervasive developmental disorder if the Department determines
4that those services are necessary to ensure the health and
5safety of the child. The Department may offer services to any
6family whether or not a report has been filed under the Abused
7and Neglected Child Reporting Act. The Department may refer
8the child or family to services available from other agencies
9in the community if the conditions in the child's or family's
10home are reasonably likely to subject the child or family to
11future reports of suspected child abuse or neglect. Acceptance
12of these services shall be voluntary. However, if a family
13chooses to receive family preservation services and there are
14children under the age of 6 living in the household, those
15children shall be enrolled in appropriate early childhood
16education services. The Department shall develop and implement
17a public information campaign to alert health and social
18service providers and the general public about these special
19family preservation services. The nature and scope of the
20services offered and the number of families served under the
21special program implemented under this paragraph shall be
22determined by the level of funding that the Department
23annually allocates for this purpose. The term "pervasive
24developmental disorder" under this paragraph means a
25neurological condition, including, but not limited to,
26Asperger's Syndrome and autism, as defined in the most recent

 

 

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1edition of the Diagnostic and Statistical Manual of Mental
2Disorders of the American Psychiatric Association.
3    (l-1) The legislature recognizes that the best interests
4of the child require that the child be placed in the most
5permanent living arrangement as soon as is practically
6possible. To achieve this goal, the legislature directs the
7Department of Children and Family Services to conduct
8concurrent planning so that permanency may occur at the
9earliest opportunity. Permanent living arrangements may
10include prevention of placement of a child outside the home of
11the family when the child can be cared for at home without
12endangering the child's health or safety; reunification with
13the family, when safe and appropriate, if temporary placement
14is necessary; or movement of the child toward the most
15permanent living arrangement and permanent legal status.
16    When determining reasonable efforts to be made with
17respect to a child, as described in this subsection, and in
18making such reasonable efforts, the child's health and safety
19shall be the paramount concern.
20    When a child is placed in foster care, the Department
21shall ensure and document that reasonable efforts were made to
22prevent or eliminate the need to remove the child from the
23child's home. The Department must make reasonable efforts to
24reunify the family when temporary placement of the child
25occurs unless otherwise required, pursuant to the Juvenile
26Court Act of 1987. At any time after the dispositional hearing

 

 

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1where the Department believes that further reunification
2services would be ineffective, it may request a finding from
3the court that reasonable efforts are no longer appropriate.
4The Department is not required to provide further
5reunification services after such a finding.
6    A decision to place a child in substitute care shall be
7made with considerations of the child's health, safety, and
8best interests. At the time of placement, consideration should
9also be given so that if reunification fails or is delayed, the
10placement made is the best available placement to provide
11permanency for the child.
12    The Department shall adopt rules addressing concurrent
13planning for reunification and permanency. The Department
14shall consider the following factors when determining
15appropriateness of concurrent planning:
16        (1) the likelihood of prompt reunification;
17        (2) the past history of the family;
18        (3) the barriers to reunification being addressed by
19    the family;
20        (4) the level of cooperation of the family;
21        (5) the foster parents' willingness to work with the
22    family to reunite;
23        (6) the willingness and ability of the foster family
24    to provide an adoptive home or long-term placement;
25        (7) the age of the child;
26        (8) placement of siblings.

 

 

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1    (m) The Department may assume temporary custody of any
2child if:
3        (1) it has received a written consent to such
4    temporary custody signed by the parents of the child or by
5    the parent having custody of the child if the parents are
6    not living together or by the guardian or custodian of the
7    child if the child is not in the custody of either parent,
8    or
9        (2) the child is found in the State and neither a
10    parent, guardian nor custodian of the child can be
11    located.
12If the child is found in his or her residence without a parent,
13guardian, custodian, or responsible caretaker, the Department
14may, instead of removing the child and assuming temporary
15custody, place an authorized representative of the Department
16in that residence until such time as a parent, guardian, or
17custodian enters the home and expresses a willingness and
18apparent ability to ensure the child's health and safety and
19resume permanent charge of the child, or until a relative
20enters the home and is willing and able to ensure the child's
21health and safety and assume charge of the child until a
22parent, guardian, or custodian enters the home and expresses
23such willingness and ability to ensure the child's safety and
24resume permanent charge. After a caretaker has remained in the
25home for a period not to exceed 12 hours, the Department must
26follow those procedures outlined in Section 2-9, 3-11, 4-8, or

 

 

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15-415 of the Juvenile Court Act of 1987.
2    The Department shall have the authority, responsibilities
3and duties that a legal custodian of the child would have
4pursuant to subsection (9) of Section 1-3 of the Juvenile
5Court Act of 1987. Whenever a child is taken into temporary
6custody pursuant to an investigation under the Abused and
7Neglected Child Reporting Act, or pursuant to a referral and
8acceptance under the Juvenile Court Act of 1987 of a minor in
9limited custody, the Department, during the period of
10temporary custody and before the child is brought before a
11judicial officer as required by Section 2-9, 3-11, 4-8, or
125-415 of the Juvenile Court Act of 1987, shall have the
13authority, responsibilities and duties that a legal custodian
14of the child would have under subsection (9) of Section 1-3 of
15the Juvenile Court Act of 1987.
16    The Department shall ensure that any child taken into
17custody is scheduled for an appointment for a medical
18examination.
19    A parent, guardian, or custodian of a child in the
20temporary custody of the Department who would have custody of
21the child if he were not in the temporary custody of the
22Department may deliver to the Department a signed request that
23the Department surrender the temporary custody of the child.
24The Department may retain temporary custody of the child for
2510 days after the receipt of the request, during which period
26the Department may cause to be filed a petition pursuant to the

 

 

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1Juvenile Court Act of 1987. If a petition is so filed, the
2Department shall retain temporary custody of the child until
3the court orders otherwise. If a petition is not filed within
4the 10-day period, the child shall be surrendered to the
5custody of the requesting parent, guardian, or custodian not
6later than the expiration of the 10-day period, at which time
7the authority and duties of the Department with respect to the
8temporary custody of the child shall terminate.
9    (m-1) The Department may place children under 18 years of
10age in a secure child care facility licensed by the Department
11that cares for children who are in need of secure living
12arrangements for their health, safety, and well-being after a
13determination is made by the facility director and the
14Director or the Director's designate prior to admission to the
15facility subject to Section 2-27.1 of the Juvenile Court Act
16of 1987. This subsection (m-1) does not apply to a child who is
17subject to placement in a correctional facility operated
18pursuant to Section 3-15-2 of the Unified Code of Corrections,
19unless the child is a youth in care who was placed in the care
20of the Department before being subject to placement in a
21correctional facility and a court of competent jurisdiction
22has ordered placement of the child in a secure care facility.
23    (n) The Department may place children under 18 years of
24age in licensed child care facilities when in the opinion of
25the Department, appropriate services aimed at family
26preservation have been unsuccessful and cannot ensure the

 

 

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1child's health and safety or are unavailable and such
2placement would be for their best interest. Payment for board,
3clothing, care, training and supervision of any child placed
4in a licensed child care facility may be made by the
5Department, by the parents or guardians of the estates of
6those children, or by both the Department and the parents or
7guardians, except that no payments shall be made by the
8Department for any child placed in a licensed child care
9facility for board, clothing, care, training and supervision
10of such a child that exceed the average per capita cost of
11maintaining and of caring for a child in institutions for
12dependent or neglected children operated by the Department.
13However, such restriction on payments does not apply in cases
14where children require specialized care and treatment for
15problems of severe emotional disturbance, physical disability,
16social adjustment, or any combination thereof and suitable
17facilities for the placement of such children are not
18available at payment rates within the limitations set forth in
19this Section. All reimbursements for services delivered shall
20be absolutely inalienable by assignment, sale, attachment, or
21garnishment or otherwise.
22    (n-1) The Department shall provide or authorize child
23welfare services, aimed at assisting minors to achieve
24sustainable self-sufficiency as independent adults, for any
25minor eligible for the reinstatement of wardship pursuant to
26subsection (2) of Section 2-33 of the Juvenile Court Act of

 

 

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11987, whether or not such reinstatement is sought or allowed,
2provided that the minor consents to such services and has not
3yet attained the age of 21. The Department shall have
4responsibility for the development and delivery of services
5under this Section. An eligible youth may access services
6under this Section through the Department of Children and
7Family Services or by referral from the Department of Human
8Services. Youth participating in services under this Section
9shall cooperate with the assigned case manager in developing
10an agreement identifying the services to be provided and how
11the youth will increase skills to achieve self-sufficiency. A
12homeless shelter is not considered appropriate housing for any
13youth receiving child welfare services under this Section. The
14Department shall continue child welfare services under this
15Section to any eligible minor until the minor becomes 21 years
16of age, no longer consents to participate, or achieves
17self-sufficiency as identified in the minor's service plan.
18The Department of Children and Family Services shall create
19clear, readable notice of the rights of former foster youth to
20child welfare services under this Section and how such
21services may be obtained. The Department of Children and
22Family Services and the Department of Human Services shall
23disseminate this information statewide. The Department shall
24adopt regulations describing services intended to assist
25minors in achieving sustainable self-sufficiency as
26independent adults.

 

 

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1    (o) The Department shall establish an administrative
2review and appeal process for children and families who
3request or receive child welfare services from the Department.
4Youth in care who are placed by private child welfare
5agencies, and foster families with whom those youth are
6placed, shall be afforded the same procedural and appeal
7rights as children and families in the case of placement by the
8Department, including the right to an initial review of a
9private agency decision by that agency. The Department shall
10ensure that any private child welfare agency, which accepts
11youth in care for placement, affords those rights to children
12and foster families. The Department shall accept for
13administrative review and an appeal hearing a complaint made
14by (i) a child or foster family concerning a decision
15following an initial review by a private child welfare agency
16or (ii) a prospective adoptive parent who alleges a violation
17of subsection (j-5) of this Section. An appeal of a decision
18concerning a change in the placement of a child shall be
19conducted in an expedited manner. A court determination that a
20current foster home placement is necessary and appropriate
21under Section 2-28 of the Juvenile Court Act of 1987 does not
22constitute a judicial determination on the merits of an
23administrative appeal, filed by a former foster parent,
24involving a change of placement decision.
25    (p) (Blank).
26    (q) The Department may receive and use, in their entirety,

 

 

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

 

 

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

 

 

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

 

 

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1    party is financially able to pay.
2    The Department shall provide written notification to the
3court of the specific arrangements for supervised visitation
4and projected monthly costs within 60 days of the court order.
5The Department shall send to the court information related to
6the costs incurred except in cases where the court has
7determined the parties are financially unable to pay. The
8court may order additional periodic reports as appropriate.
9    (u) In addition to other information that must be
10provided, whenever the Department places a child with a
11prospective adoptive parent or parents, or in a licensed
12foster home, group home, or child care institution, or in a
13relative home, the Department shall provide to the prospective
14adoptive parent or parents or other caretaker:
15        (1) available detailed information concerning the
16    child's educational and health history, copies of
17    immunization records (including insurance and medical card
18    information), a history of the child's previous
19    placements, if any, and reasons for placement changes
20    excluding any information that identifies or reveals the
21    location of any previous caretaker;
22        (2) a copy of the child's portion of the client
23    service plan, including any visitation arrangement, and
24    all amendments or revisions to it as related to the child;
25    and
26        (3) information containing details of the child's

 

 

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

 

 

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1provide to the child's guardian ad litem a copy of the
2information provided to the prospective adoptive parent or
3parents or other caretaker. The information provided to the
4prospective adoptive parent or parents or other caretaker
5shall be reviewed and approved regarding accuracy at the
6supervisory level.
7    (u-5) Effective July 1, 1995, only foster care placements
8licensed as foster family homes pursuant to the Child Care Act
9of 1969 shall be eligible to receive foster care payments from
10the Department. Relative caregivers who, as of July 1, 1995,
11were approved pursuant to approved relative placement rules
12previously promulgated by the Department at 89 Ill. Adm. Code
13335 and had submitted an application for licensure as a foster
14family home may continue to receive foster care payments only
15until the Department determines that they may be licensed as a
16foster family home or that their application for licensure is
17denied or until September 30, 1995, whichever occurs first.
18    (v) The Department shall access criminal history record
19information as defined in the Illinois Uniform Conviction
20Information Act and information maintained in the adjudicatory
21and dispositional record system as defined in Section 2605-355
22of the Department of State Police Law (20 ILCS 2605/2605-355)
23if the Department determines the information is necessary to
24perform its duties under the Abused and Neglected Child
25Reporting Act, the Child Care Act of 1969, and the Children and
26Family Services Act. The Department shall provide for

 

 

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

 

 

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

 

 

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1Illinois; and a proposed timetable for development of such
2facilities.
3    (x) The Department shall conduct annual credit history
4checks to determine the financial history of children placed
5under its guardianship pursuant to the Juvenile Court Act of
61987. The Department shall conduct such credit checks starting
7when a youth in care turns 12 years old and each year
8thereafter for the duration of the guardianship as terminated
9pursuant to the Juvenile Court Act of 1987. The Department
10shall determine if financial exploitation of the child's
11personal information has occurred. If financial exploitation
12appears to have taken place or is presently ongoing, the
13Department shall notify the proper law enforcement agency, the
14proper State's Attorney, or the Attorney General.
15    (y) Beginning on July 22, 2010 (the effective date of
16Public Act 96-1189), a child with a disability who receives
17residential and educational services from the Department shall
18be eligible to receive transition services in accordance with
19Article 14 of the School Code from the age of 14.5 through age
2021, inclusive, notwithstanding the child's residential
21services arrangement. For purposes of this subsection, "child
22with a disability" means a child with a disability as defined
23by the federal Individuals with Disabilities Education
24Improvement Act of 2004.
25    (z) The Department shall access criminal history record
26information as defined as "background information" in this

 

 

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

 

 

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1    Children and Family Services after performing a check of
2    the Department of State Police's Sex Offender Database, as
3    authorized by Section 120 of the Sex Offender Community
4    Notification Law, concerning a Department employee or
5    Department applicant.
6        (iii) Information obtained by the Department of
7    Children and Family Services after performing a check of
8    the Child Abuse and Neglect Tracking System (CANTS)
9    operated and maintained by the Department.
10    "Department employee" means a full-time or temporary
11employee coded or certified within the State of Illinois
12Personnel System.
13    "Department applicant" means an individual who has
14conditional Department full-time or part-time work, a
15contractor, an individual used to replace or supplement staff,
16an academic intern, a volunteer in Department offices or on
17Department contracts, a work-study student, an individual or
18entity licensed by the Department, or an unlicensed service
19provider who works as a condition of a contract or an agreement
20and whose work may bring the unlicensed service provider into
21contact with Department clients or client records.
22(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
23100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
248-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
25eff. 7-12-19; revised 8-1-19.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.