Illinois General Assembly - Full Text of HB3805
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Full Text of HB3805  93rd General Assembly

HB3805 93rd General Assembly


093_HB3805

 
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 1        AN ACT concerning children.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Children  and  Family  Services  Act is
 5    amended by changing Section 5 as follows:

 6        (20 ILCS 505/5) (from Ch. 23, par. 5005)
 7        Sec. 5.  Direct child  welfare  services;  Department  of
 8    Children  and  Family  Services.   To  provide  direct  child
 9    welfare  services  when not available through other public or
10    private child 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
14        includes persons under age 19 who:
15                  (A)  were  committed to the Department pursuant
16             to the Juvenile Court Act or the Juvenile Court  Act
17             of  1987, as amended, prior to the age of 18 and who
18             continue under the jurisdiction of the court; or
19                  (B)  were  accepted   for  care,  service   and
20             training  by  the  Department prior to the age of 18
21             and whose best interest in  the  discretion  of  the
22             Department  would be served by continuing that care,
23             service and training  because  of  severe  emotional
24             disturbances, physical disability, social adjustment
25             or  any  combination thereof, or because of the need
26             to complete an educational  or  vocational  training
27             program.
28             (2)  "Homeless youth" means persons found within the
29        State  who are under the age of 19, are not in a safe and
30        stable living situation and cannot be reunited with their
31        families.
 
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 1             (3)  "Child welfare services"  means  public  social
 2        services  which are directed toward the accomplishment of
 3        the following purposes:
 4                  (A)  protecting  and  promoting   the   health,
 5             safety  and welfare of children, including homeless,
 6             dependent or neglected children;
 7                  (B)  remedying, or assisting in the solution of
 8             problems which may result in,  the  neglect,  abuse,
 9             exploitation or delinquency of children;
10                  (C)  preventing  the  unnecessary separation of
11             children from their families by  identifying  family
12             problems,  assisting  families  in  resolving  their
13             problems,  and  preventing the breakup of the family
14             where the prevention of child removal  is  desirable
15             and possible when the child can be cared for at home
16             without endangering the child's health and safety;
17                  (D)  restoring  to  their families children who
18             have been removed, by the provision of  services  to
19             the  child  and  the  families when the child can be
20             cared for at home without  endangering  the  child's
21             health and safety;
22                  (E)  placing   children  in  suitable  adoptive
23             homes, in cases where restoration to the  biological
24             family is not safe, possible or appropriate;
25                  (F)  assuring   safe   and   adequate  care  of
26             children away from their homes, in cases  where  the
27             child  cannot  be  returned home or cannot be placed
28             for  adoption.   At  the  time  of  placement,   the
29             Department  shall  consider  concurrent planning, as
30             described in subsection (l-1)  of  this  Section  so
31             that   permanency   may   occur   at   the  earliest
32             opportunity.  Consideration should be given so  that
33             if  reunification fails or is delayed, the placement
34             made is the  best  available  placement  to  provide
 
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 1             permanency for the child;
 2                  (G)  (blank);
 3                  (H)  (blank); and
 4                  (I)  placing   and   maintaining   children  in
 5             facilities that provide separate living quarters for
 6             children under the age of 18  and  for  children  18
 7             years  of  age and older, unless a child 18 years of
 8             age is in the last year of high school education  or
 9             vocational  training,  in  an approved individual or
10             group  treatment  program,  in  a  licensed  shelter
11             facility,  or  secure  child  care   facility.   The
12             Department  is  not  required  to  place or maintain
13             children:
14                       (i)  who are in a foster home, or
15                       (ii)  who are persons with a developmental
16                  disability, as defined in the Mental Health and
17                  Developmental Disabilities Code, or
18                       (iii)  who are  female  children  who  are
19                  pregnant,  pregnant and parenting or parenting,
20                  or
21                       (iv)  who are siblings,
22             in facilities that provide separate living  quarters
23             for  children  18  years  of  age  and older and for
24             children under 18 years of age.
25        (b)  Nothing  in  this  Section  shall  be  construed  to
26    authorize the expenditure of public funds for the purpose  of
27    performing abortions.
28        (c)  The   Department   shall   establish   and  maintain
29    tax-supported child welfare services and extend and  seek  to
30    improve  voluntary  services throughout the State, to the end
31    that services and care shall be available on an  equal  basis
32    throughout the State to children requiring such services.
33        (d)  The Director may authorize advance disbursements for
34    any new program initiative to any agency contracting with the
 
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 1    Department.   As a prerequisite for an advance  disbursement,
 2    the  contractor  must post a surety bond in the amount of the
 3    advance disbursement and have a purchase of service  contract
 4    approved  by  the Department.  The Department may pay up to 2
 5    months operational expenses in advance.  The  amount  of  the
 6    advance  disbursement  shall be prorated over the life of the
 7    contract  or  the  remaining  months  of  the  fiscal   year,
 8    whichever  is  less, and the installment amount shall then be
 9    deducted   from   future   bills.     Advance    disbursement
10    authorizations  for  new initiatives shall not be made to any
11    agency after that agency has operated  during  2  consecutive
12    fiscal  years.  The  requirements  of this Section concerning
13    advance disbursements shall not apply  with  respect  to  the
14    following:   payments  to local public agencies for child day
15    care services as authorized by Section 5a of  this  Act;  and
16    youth  service  programs  receiving grant funds under Section
17    17a-4.
18        (e)  (Blank).
19        (f)  (Blank).
20        (g)  The Department shall establish rules and regulations
21    concerning its operation of programs  designed  to  meet  the
22    goals  of  child  safety and protection, family preservation,
23    family reunification, and adoption, including but not limited
24    to:
25             (1)  adoption;
26             (2)  foster care;
27             (3)  family counseling;
28             (4)  protective services;
29             (5)  (blank);
30             (6)  homemaker service;
31             (7)  return of runaway children;
32             (8)  (blank);
33             (9)  placement under Section  5-7  of  the  Juvenile
34        Court  Act  or  Section  2-27, 3-28, 4-25 or 5-740 of the
 
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 1        Juvenile Court Act of 1987 in accordance with the federal
 2        Adoption Assistance and Child Welfare Act of 1980; and
 3             (10)  interstate services.
 4        Rules and regulations established by the Department shall
 5    include provisions for  training  Department  staff  and  the
 6    staff  of  Department  grantees, through contracts with other
 7    agencies or resources, in alcohol and  drug  abuse  screening
 8    techniques approved by the Department of Human Services, as a
 9    successor  to  the  Department  of  Alcoholism  and Substance
10    Abuse, for the purpose of identifying children and adults who
11    should be referred to an alcohol  and  drug  abuse  treatment
12    program for professional evaluation.
13        (h)  If the Department finds that there is no appropriate
14    program or facility within or available to the Department for
15    a  ward and that no licensed private facility has an adequate
16    and appropriate program or none agrees to  accept  the  ward,
17    the  Department  shall  create an appropriate individualized,
18    program-oriented  plan  for  such  ward.   The  plan  may  be
19    developed  within  the  Department  or  through  purchase  of
20    services by the Department to the extent that  it  is  within
21    its statutory authority to do.
22        (i)  Service  programs  shall be available throughout the
23    State and shall include but not be limited to  the  following
24    services:
25             (1)  case management;
26             (2)  homemakers;
27             (3)  counseling;
28             (4)  parent education;
29             (5)  day care; and
30             (6)  emergency assistance and advocacy.
31        In addition, the following services may be made available
32    to assess and meet the needs of children and families:
33             (1)  comprehensive family-based services;
34             (2)  assessments;
 
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 1             (3)  respite care; and
 2             (4)  in-home health services.
 3        The  Department  shall  provide transportation for any of
 4    the services it makes available to children  or  families  or
 5    for which it refers children or families.
 6        (j)  The  Department  may provide categories of financial
 7    assistance  and  education  assistance  grants,   and   shall
 8    establish rules and regulations concerning the assistance and
 9    grants,   to   persons   who  adopt  physically  or  mentally
10    handicapped, older and other hard-to-place children  who  (i)
11    immediately  prior  to their adoption were legal wards of the
12    Department or (ii) were  determined  eligible  for  financial
13    assistance  with  respect  to a prior adoption and who become
14    available for adoption because the prior  adoption  has  been
15    dissolved  and  the  parental  rights of the adoptive parents
16    have been terminated or because the child's adoptive  parents
17    have  died.  The  Department  may  also provide categories of
18    financial assistance and  education  assistance  grants,  and
19    shall  establish rules and regulations for the assistance and
20    grants, to persons appointed guardian  of  the  person  under
21    Section  5-7 of the Juvenile Court Act or Section 2-27, 3-28,
22    4-25 or 5-740 of the Juvenile Court Act of 1987 for  children
23    who  were  wards  of the Department for 12 months immediately
24    prior to the appointment of the guardian.
25        The amount of assistance may  vary,  depending  upon  the
26    needs  of the child and the adoptive parents, as set forth in
27    the annual assistance agreement.  Special purpose grants  are
28    allowed  where  the  child  requires special service but such
29    costs may not exceed the amounts which similar services would
30    cost the Department if it were to provide or secure  them  as
31    guardian of the child.
32        Any  financial  assistance provided under this subsection
33    is inalienable by assignment,  sale,  execution,  attachment,
34    garnishment,  or  any other remedy for recovery or collection
 
                            -7-      LRB093 11645 BDD 15108 b
 1    of a judgment or debt.
 2        (j-5)  The  Department  shall  not  deny  or  delay   the
 3    placement  of  a  child for adoption if an approved family is
 4    available either outside of the  Department  region  handling
 5    the case, or outside of the State of Illinois.
 6        (k)  The  Department  shall  accept for care and training
 7    any child who has been adjudicated neglected  or  abused,  or
 8    dependent  committed to it pursuant to the Juvenile Court Act
 9    or the Juvenile Court Act of 1987.
10        (l)  Before July 1, 2000, the Department may provide, and
11    beginning July 1, 2000, the  Department  shall  offer  family
12    preservation  services,  as  defined  in  Section  8.2 of the
13    Abused and Neglected Child Reporting Act, to  help  families,
14    including adoptive and extended families. Family preservation
15    services  shall  be  offered  (i) to prevent the placement of
16    children in substitute care when the children  can  be  cared
17    for  at  home or in the custody of the person responsible for
18    the children's welfare, (ii) to reunite children  with  their
19    families,  or  (iii)  to maintain a foster family, or (iv) to
20    maintain an adoptive placement.  Family preservation services
21    shall only be offered when doing so  will  not  endanger  the
22    children's  health  or  safety.  With respect to children who
23    are in substitute care pursuant to the Juvenile Court Act  of
24    1987,  family preservation services shall not be offered if a
25    goal other than those of subdivisions (A), (B), or  (B-1)  of
26    subsection  (2)  of  Section  2-28  of that Act has been set.
27    Nothing in this paragraph shall  be  construed  to  create  a
28    private  right  of  action  or  claim  on  the  part  of  any
29    individual or child welfare agency.
30        The  Department  shall notify the child and his family of
31    the Department's responsibility to offer and  provide  family
32    preservation services as identified in the service plan.  The
33    child  and  his family shall be eligible for services as soon
34    as  the  report  is  determined  to  be   "indicated".    The
 
                            -8-      LRB093 11645 BDD 15108 b
 1    Department  may  offer  services  to any child or family with
 2    respect to whom a report of suspected child abuse or  neglect
 3    has  been  filed, prior to concluding its investigation under
 4    Section 7.12 of the Abused and Neglected Child Reporting Act.
 5    However,  the  child's  or  family's  willingness  to  accept
 6    services shall not be considered in the  investigation.   The
 7    Department  may  also provide services to any child or family
 8    who is the subject of any report of suspected child abuse  or
 9    neglect  or  may  refer  such  child  or  family  to services
10    available from other agencies in the community, even  if  the
11    report  is  determined  to be unfounded, if the conditions in
12    the child's or family's home are reasonably likely to subject
13    the child or family to  future  reports  of  suspected  child
14    abuse  or  neglect.   Acceptance  of  such  services shall be
15    voluntary.
16        The Department may, at its discretion  except  for  those
17    children  also adjudicated neglected or dependent, accept for
18    care  and  training  any  child  who  has  been   adjudicated
19    addicted,  as  a  truant minor in need of supervision or as a
20    minor  requiring  authoritative   intervention,   under   the
21    Juvenile  Court Act or the Juvenile Court Act of 1987, but no
22    such child shall be committed to the Department by any  court
23    without the approval of the Department.  A minor charged with
24    a  criminal  offense  under  the  Criminal  Code  of  1961 or
25    adjudicated delinquent shall not be placed in the custody  of
26    or  committed  to the Department by any court, except a minor
27    less than 13 years of age committed to the  Department  under
28    Section 5-710 of the Juvenile Court Act of 1987.
29        (l-1)  The legislature recognizes that the best interests
30    of  the  child  require  that the child be placed in the most
31    permanent  living  arrangement  as  soon  as  is  practically
32    possible.  To achieve this goal, the legislature directs  the
33    Department   of  Children  and  Family  Services  to  conduct
34    concurrent planning so  that  permanency  may  occur  at  the
 
                            -9-      LRB093 11645 BDD 15108 b
 1    earliest  opportunity.   Permanent  living  arrangements  may
 2    include  prevention  of placement of a child outside the home
 3    of the family when the child can be cared for at home without
 4    endangering the child's health or safety; reunification  with
 5    the family, when safe and appropriate, if temporary placement
 6    is  necessary;  or  movement  of  the  child  toward the most
 7    permanent living arrangement and permanent legal status.  The
 8    Department   shall  offer  and  provide  family  preservation
 9    services requested by a foster family that may  be  necessary
10    to  maintain  a safe and appropriate temporary placement of a
11    child under this  Section.  The  Department  shall  prescribe
12    foster   family   preservation  services  and  the  criteria,
13    standards, and procedures for the provision of these services
14    that will provide the most stable living arrangement for that
15    child and prevent, to the greatest extent possible,  multiple
16    temporary  placements  pending a permanent living arrangement
17    and permanent legal status.
18        When determining  reasonable  efforts  to  be  made  with
19    respect  to  a child, as described in this subsection, and in
20    making such reasonable efforts, the child's health and safety
21    shall be the paramount concern.
22        When a child is placed in  foster  care,  the  Department
23    shall  ensure  and document that reasonable efforts were made
24    to prevent or eliminate the need to remove the child from the
25    child's home.  The Department must make reasonable efforts to
26    reunify the family when  temporary  placement  of  the  child
27    occurs  unless  otherwise  required, pursuant to the Juvenile
28    Court Act of  1987.  At  any  time  after  the  dispositional
29    hearing   where   the   Department   believes   that  further
30    reunification services would be ineffective, it may request a
31    finding from the court that reasonable efforts are no  longer
32    appropriate.   The  Department  is  not  required  to provide
33    further reunification services after such a finding.
34        A decision to place a child in substitute care  shall  be
 
                            -10-     LRB093 11645 BDD 15108 b
 1    made  with  considerations of the child's health, safety, and
 2    best interests.  At  the  time  of  placement,  consideration
 3    should  also  be  given  so that if reunification fails or is
 4    delayed, the placement made is the best  available  placement
 5    to provide permanency for the child.
 6        The  Department  shall  adopt rules addressing concurrent
 7    planning for reunification and  permanency.   The  Department
 8    shall   consider   the  following  factors  when  determining
 9    appropriateness of concurrent planning:
10             (1)  the likelihood of prompt reunification;
11             (2)  the past history of the family;
12             (3)  the barriers to reunification  being  addressed
13        by the family;
14             (4)  the level of cooperation of the family;
15             (5)  the  foster  parents'  willingness to work with
16        the family to reunite;
17             (6)  the  willingness  and  ability  of  the  foster
18        family  to  provide  an  adoptive   home   or   long-term
19        placement;
20             (7)  the age of the child;
21             (8)  placement of siblings.
22        (m)  The  Department  may assume temporary custody of any
23    child if:
24             (1)  it has  received  a  written  consent  to  such
25        temporary  custody  signed by the parents of the child or
26        by the parent having custody of the child if the  parents
27        are  not  living together or by the guardian or custodian
28        of the child if the child is not in the custody of either
29        parent, or
30             (2)  the child is found in the State and  neither  a
31        parent,  guardian  nor  custodian  of  the  child  can be
32        located.
33    If the child is found in  his  or  her  residence  without  a
34    parent,  guardian,  custodian  or  responsible caretaker, the
 
                            -11-     LRB093 11645 BDD 15108 b
 1    Department may, instead of removing the  child  and  assuming
 2    temporary  custody, place an authorized representative of the
 3    Department in that residence until such  time  as  a  parent,
 4    guardian  or  custodian  enters  the  home  and  expresses  a
 5    willingness and apparent ability to ensure the child's health
 6    and safety and resume permanent charge of the child, or until
 7    a  relative enters the home and is willing and able to ensure
 8    the child's health and safety and assume charge of the  child
 9    until  a  parent,  guardian  or custodian enters the home and
10    expresses such willingness and ability to ensure the  child's
11    safety  and  resume  permanent charge.  After a caretaker has
12    remained in the home for a period not to exceed 12 hours, the
13    Department must follow those procedures outlined  in  Section
14    2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.
15        The Department shall have the authority, responsibilities
16    and  duties  that  a  legal custodian of the child would have
17    pursuant to subsection (9) of Section  1-3  of  the  Juvenile
18    Court  Act of 1987.  Whenever a child is taken into temporary
19    custody pursuant to an investigation  under  the  Abused  and
20    Neglected  Child Reporting Act, or pursuant to a referral and
21    acceptance under the Juvenile Court Act of 1987 of a minor in
22    limited  custody,  the  Department,  during  the  period   of
23    temporary  custody  and  before the child is brought before a
24    judicial officer as required by Section 2-9,  3-11,  4-8,  or
25    5-415  of  the  Juvenile  Court  Act  of 1987, shall have the
26    authority, responsibilities and duties that a legal custodian
27    of the child would have under subsection (9) of  Section  1-3
28    of the Juvenile Court Act of 1987.
29        The  Department  shall  ensure  that any child taken into
30    custody  is  scheduled  for  an  appointment  for  a  medical
31    examination.
32        A parent,  guardian  or  custodian  of  a  child  in  the
33    temporary custody of the Department who would have custody of
34    the  child  if  he  were  not in the temporary custody of the
 
                            -12-     LRB093 11645 BDD 15108 b
 1    Department may deliver to the  Department  a  signed  request
 2    that  the  Department  surrender the temporary custody of the
 3    child. The Department may retain  temporary  custody  of  the
 4    child  for  10  days after the receipt of the request, during
 5    which period the Department may cause to be filed a  petition
 6    pursuant to the Juvenile Court Act of 1987.  If a petition is
 7    so  filed,  the  Department shall retain temporary custody of
 8    the child until the court orders otherwise.  If a petition is
 9    not filed within the  10  day  period,  the  child  shall  be
10    surrendered to the custody of the requesting parent, guardian
11    or  custodian  not  later  than  the expiration of the 10 day
12    period, at  which  time  the  authority  and  duties  of  the
13    Department with respect to the temporary custody of the child
14    shall terminate.
15        (m-1)  The  Department  may place children under 18 years
16    of age in a  secure  child  care  facility  licensed  by  the
17    Department  that cares for children who are in need of secure
18    living arrangements for their health, safety, and  well-being
19    after  a  determination  is made by the facility director and
20    the Director or the Director's designate prior  to  admission
21    to  the  facility  subject  to Section 2-27.1 of the Juvenile
22    Court Act of 1987.  This subsection (m-1) does not apply to a
23    child who is subject to placement in a correctional  facility
24    operated  pursuant  to  Section 3-15-2 of the Unified Code of
25    Corrections, unless the child is a ward who was placed  under
26    the  care of the Department before being subject to placement
27    in  a  correctional  facility  and  a  court   of   competent
28    jurisdiction  has  ordered placement of the child in a secure
29    care facility.
30        (n)  The Department may place children under 18 years  of
31    age  in licensed child care facilities when in the opinion of
32    the  Department,  appropriate  services   aimed   at   family
33    preservation  have  been  unsuccessful  and cannot ensure the
34    child's  health  and  safety  or  are  unavailable  and  such
 
                            -13-     LRB093 11645 BDD 15108 b
 1    placement would be for  their  best  interest.   Payment  for
 2    board,  clothing, care, training and supervision of any child
 3    placed in a licensed child care facility may be made  by  the
 4    Department,  by  the  parents  or guardians of the estates of
 5    those children, or by both the Department and the parents  or
 6    guardians,  except  that  no  payments  shall  be made by the
 7    Department for any child placed  in  a  licensed  child  care
 8    facility  for board, clothing, care, training and supervision
 9    of such a child that exceed the average per  capita  cost  of
10    maintaining  and  of  caring  for a child in institutions for
11    dependent or neglected children operated by  the  Department.
12    However, such restriction on payments does not apply in cases
13    where  children  require  specialized  care and treatment for
14    problems   of   severe   emotional   disturbance,    physical
15    disability, social adjustment, or any combination thereof and
16    suitable  facilities  for  the placement of such children are
17    not available at payment rates  within  the  limitations  set
18    forth  in  this  Section.  All  reimbursements  for  services
19    delivered  shall  be  absolutely  inalienable  by assignment,
20    sale, attachment, garnishment or otherwise.
21        (o)  The Department  shall  establish  an  administrative
22    review  and  appeal  process  for  children  and families who
23    request  or  receive  child   welfare   services   from   the
24    Department.  Children who are wards of the Department and are
25    placed by private child welfare agencies, and foster families
26    with  whom  those  children are placed, shall be afforded the
27    same procedural and appeal rights as children and families in
28    the case of placement by the Department, including the  right
29    to  an   initial  review of a private agency decision by that
30    agency.  The Department shall insure that any  private  child
31    welfare  agency,  which  accepts  wards of the Department for
32    placement,  affords  those  rights  to  children  and  foster
33    families.  The Department  shall  accept  for  administrative
34    review  and an appeal hearing a complaint made by (i) a child
 
                            -14-     LRB093 11645 BDD 15108 b
 1    or foster family concerning a decision following  an  initial
 2    review   by   a  private  child  welfare  agency  or  (ii)  a
 3    prospective  adoptive  parent  who  alleges  a  violation  of
 4    subsection (j-5) of this Section.  An appeal  of  a  decision
 5    concerning  a  change  in  the  placement of a child shall be
 6    conducted in an expedited manner.
 7        (p)  There is hereby created the Department  of  Children
 8    and  Family Services Emergency Assistance Fund from which the
 9    Department  may  provide  special  financial  assistance   to
10    families which are in economic crisis when such assistance is
11    not available through other public or private sources and the
12    assistance  is deemed necessary to prevent dissolution of the
13    family unit or to reunite families which have been  separated
14    due  to  child  abuse  and  neglect.   The  Department  shall
15    establish  administrative  rules  specifying the criteria for
16    determining eligibility for and  the  amount  and  nature  of
17    assistance  to  be  provided.   The Department may also enter
18    into  written  agreements  with  private  and  public  social
19    service agencies to provide emergency financial  services  to
20    families   referred  by  the  Department.  Special  financial
21    assistance payments shall be available to a  family  no  more
22    than once during each fiscal year and the total payments to a
23    family may not exceed $500 during a fiscal year.
24        (q)  The   Department  may  receive  and  use,  in  their
25    entirety, for the benefit of children any gift,  donation  or
26    bequest  of  money  or  other  property  which is received on
27    behalf of such children, or any financial benefits  to  which
28    such  children  are  or  may  become entitled while under the
29    jurisdiction or care of the Department.
30        The Department  shall  set  up  and  administer  no-cost,
31    interest-bearing    accounts    in    appropriate   financial
32    institutions for children for whom the Department is  legally
33    responsible   and  who  have  been  determined  eligible  for
34    Veterans'  Benefits,  Social  Security  benefits,  assistance
 
                            -15-     LRB093 11645 BDD 15108 b
 1    allotments from the armed  forces,  court  ordered  payments,
 2    parental  voluntary  payments,  Supplemental Security Income,
 3    Railroad Retirement payments, Black Lung benefits,  or  other
 4    miscellaneous  payments.   Interest  earned  by  each account
 5    shall  be  credited  to  the  account,  unless  disbursed  in
 6    accordance with this subsection.
 7        In  disbursing  funds  from  children's   accounts,   the
 8    Department shall:
 9             (1)  Establish  standards  in  accordance with State
10        and federal laws for  disbursing  money  from  children's
11        accounts.    In   all   circumstances,  the  Department's
12        "Guardianship Administrator" or his or her designee  must
13        approve  disbursements  from  children's  accounts.   The
14        Department  shall  be  responsible  for  keeping complete
15        records of all disbursements for  each  account  for  any
16        purpose.
17             (2)  Calculate  on  a monthly basis the amounts paid
18        from State funds for the child's board and care,  medical
19        care not covered under Medicaid, and social services; and
20        utilize  funds  from  the  child's account, as covered by
21        regulation,   to   reimburse   those   costs.    Monthly,
22        disbursements from all children's accounts, up to 1/12 of
23        $13,000,000, shall be deposited by  the  Department  into
24        the  General  Revenue  Fund  and the balance over 1/12 of
25        $13,000,000 into the DCFS Children's Services Fund.
26             (3)  Maintain   any    balance    remaining    after
27        reimbursing  for  the child's costs of care, as specified
28        in item (2). The balance shall accumulate  in  accordance
29        with  relevant  State  and  federal  laws  and  shall  be
30        disbursed  to the child or his or her guardian, or to the
31        issuing agency.
32        (r)  The   Department   shall   promulgate    regulations
33    encouraging  all  adoption agencies to voluntarily forward to
34    the Department or  its  agent  names  and  addresses  of  all
 
                            -16-     LRB093 11645 BDD 15108 b
 1    persons  who  have  applied  for  and  have been approved for
 2    adoption of a hard-to-place  or  handicapped  child  and  the
 3    names of such children who have not been placed for adoption.
 4    A list of such names and addresses shall be maintained by the
 5    Department  or  its agent, and coded lists which maintain the
 6    confidentiality of the person seeking to adopt the child  and
 7    of  the  child  shall  be  made available, without charge, to
 8    every adoption agency in the State to assist the agencies  in
 9    placing  such  children  for  adoption.  The  Department  may
10    delegate  to an agent its duty to maintain and make available
11    such lists.  The Department  shall  ensure  that  such  agent
12    maintains  the confidentiality of the person seeking to adopt
13    the child and of the child.
14        (s)  The Department of Children and Family  Services  may
15    establish and implement a program to reimburse Department and
16    private  child  welfare agency foster parents licensed by the
17    Department  of  Children  and  Family  Services  for  damages
18    sustained by the foster parents as a result of the  malicious
19    or  negligent  acts  of foster children, as well as providing
20    third party coverage for such foster parents with  regard  to
21    actions  of  foster  children  to  other  individuals.   Such
22    coverage  will  be  secondary  to the foster parent liability
23    insurance policy, if applicable.  The program shall be funded
24    through  appropriations  from  the  General   Revenue   Fund,
25    specifically designated for such purposes.
26        (t)  The   Department  shall  perform  home  studies  and
27    investigations and shall exercise supervision over visitation
28    as ordered by a court pursuant to the Illinois  Marriage  and
29    Dissolution of Marriage Act or the Adoption Act only if:
30             (1)  an   order   entered   by   an  Illinois  court
31        specifically  directs  the  Department  to  perform  such
32        services; and
33             (2)  the court  has  ordered  one  or  both  of  the
34        parties to the proceeding to reimburse the Department for
 
                            -17-     LRB093 11645 BDD 15108 b
 1        its  reasonable  costs  for  providing  such  services in
 2        accordance with Department rules, or has determined  that
 3        neither party is financially able to pay.
 4        The  Department shall provide written notification to the
 5    court of the specific arrangements for supervised  visitation
 6    and  projected  monthly  costs  within  60  days of the court
 7    order. The Department shall send  to  the  court  information
 8    related to the costs incurred except in cases where the court
 9    has determined the parties are financially unable to pay. The
10    court may order additional periodic reports as appropriate.
11        (u)  Whenever the Department places a child in a licensed
12    foster  home,  group  home,  child  care institution, or in a
13    relative home, the Department shall provide to the caretaker:
14             (1)  available detailed information  concerning  the
15        child's   educational   and  health  history,  copies  of
16        immunization records  (including  insurance  and  medical
17        card  information),  a  history  of  the child's previous
18        placements, if any, and  reasons  for  placement  changes
19        excluding  any information that identifies or reveals the
20        location of any previous caretaker;
21             (2)  a copy of the child's  portion  of  the  client
22        service  plan,  including any visitation arrangement, and
23        all amendments or revisions  to  it  as  related  to  the
24        child; and
25             (3)  information  containing  details of the child's
26        individualized  educational  plan  when  the   child   is
27        receiving special education services.
28        The  caretaker  shall  be informed of any known social or
29    behavioral  information  (including,  but  not  limited   to,
30    criminal  background,  fire  setting,  perpetuation of sexual
31    abuse, destructive behavior, and substance  abuse)  necessary
32    to care for and safeguard the child.
33        (u-5)  Effective   July   1,   1995,   only  foster  care
34    placements licensed as foster family homes  pursuant  to  the
 
                            -18-     LRB093 11645 BDD 15108 b
 1    Child  Care  Act  of 1969 shall be eligible to receive foster
 2    care payments from the Department. Relative  caregivers  who,
 3    as  of  July  1,  1995,  were  approved  pursuant to approved
 4    relative  placement  rules  previously  promulgated  by   the
 5    Department  at  89  Ill.  Adm.  Code 335 and had submitted an
 6    application  for  licensure  as  a  foster  family  home  may
 7    continue to receive  foster  care  payments  only  until  the
 8    Department  determines  that they may be licensed as a foster
 9    family home or that their application for licensure is denied
10    or until September 30, 1995, whichever occurs first.
11        (v)  The Department shall access criminal history  record
12    information  as  defined  in  the Illinois Uniform Conviction
13    Information   Act   and   information   maintained   in   the
14    adjudicatory and dispositional record system  as  defined  in
15    Section  2605-355  of  the Department of State Police Law (20
16    ILCS  2605/2605-355)  if  the   Department   determines   the
17    information  is  necessary  to  perform  its duties under the
18    Abused and Neglected Child Reporting Act, the Child Care  Act
19    of  1969,  and  the  Children  and  Family Services Act.  The
20    Department  shall  provide   for   interactive   computerized
21    communication  and  processing  equipment that permits direct
22    on-line communication with the Department of  State  Police's
23    central  criminal  history  data  repository.  The Department
24    shall comply with all certification requirements and  provide
25    certified  operators  who have been trained by personnel from
26    the Department of State Police.  In addition, one  Office  of
27    the Inspector General investigator shall have training in the
28    use  of  the  criminal  history information access system and
29    have access to the terminal.  The Department of Children  and
30    Family  Services  and  its employees shall abide by rules and
31    regulations established by the  Department  of  State  Police
32    relating to the access and dissemination of this information.
33        (w)  Within  120  days  of August 20, 1995 (the effective
34    date of Public Act 89-392), the Department shall prepare  and
 
                            -19-     LRB093 11645 BDD 15108 b
 1    submit  to  the  Governor and the General Assembly, a written
 2    plan for the development of in-state  licensed  secure  child
 3    care  facilities  that  care  for children who are in need of
 4    secure living arrangements  for  their  health,  safety,  and
 5    well-being.   For  purposes  of  this subsection, secure care
 6    facility shall mean a facility that is designed and  operated
 7    to  ensure  that all entrances and exits from the facility, a
 8    building or a distinct part of the building,  are  under  the
 9    exclusive  control  of  the staff of the facility, whether or
10    not  the  child  has  the  freedom  of  movement  within  the
11    perimeter of the facility, building, or distinct part of  the
12    building.   The  plan shall include descriptions of the types
13    of facilities that  are  needed  in  Illinois;  the  cost  of
14    developing these secure care facilities; the estimated number
15    of  placements; the potential cost savings resulting from the
16    movement of children currently out-of-state who are projected
17    to  be  returned  to  Illinois;  the   necessary   geographic
18    distribution  of these facilities in Illinois; and a proposed
19    timetable for development of such facilities.
20    (Source: P.A. 91-239,  eff.  1-1-00;  91-357,  eff.  7-29-99;
21    91-812, eff. 6-13-00; 92-154, eff. 1-1-02.)