093_HB3805
LRB093 11645 BDD 15108 b
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.
-2- LRB093 11645 BDD 15108 b
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
-3- LRB093 11645 BDD 15108 b
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
-4- LRB093 11645 BDD 15108 b
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
-5- LRB093 11645 BDD 15108 b
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;
-6- LRB093 11645 BDD 15108 b
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.)