Full Text of SB3283 98th General Assembly
SB3283eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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 amended | 5 | | by changing Section 7 as follows:
| 6 | | (20 ILCS 505/7) (from Ch. 23, par. 5007)
| 7 | | Sec. 7. Placement of children; considerations.
| 8 | | (a) In placing any child under this Act, the Department | 9 | | shall place the
child, as far as possible, in the care and | 10 | | custody of some individual
holding the same religious belief as | 11 | | the parents of the child, or with some
child care facility | 12 | | which is operated by persons of like religious faith as
the | 13 | | parents of such child.
| 14 | | (a-5) In placing a child under this Act, the Department | 15 | | shall place the child with the child's
sibling or siblings | 16 | | under Section 7.4 of this Act unless the placement is not in | 17 | | each child's best
interest, or is otherwise not possible under | 18 | | the Department's rules. If the child is not
placed with a | 19 | | sibling under the Department's rules, the Department shall | 20 | | consider
placements that are likely to develop, preserve, | 21 | | nurture, and support sibling relationships, where
doing so is | 22 | | in each child's best interest. | 23 | | (b) In placing a child under this Act, the Department may |
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| 1 | | place a child
with a relative if the Department determines that | 2 | | the relative
will be able to adequately provide for the child's | 3 | | safety and welfare based on the factors set forth in the | 4 | | Department's rules governing relative placements, and that the | 5 | | placement is consistent with the child's best interests, taking | 6 | | into consideration the factors set out in subsection (4.05) of | 7 | | Section 1-3 of the Juvenile Court Act of 1987. | 8 | | When the Department first assumes custody of a child, in | 9 | | placing that child under this Act, the Department shall make | 10 | | reasonable efforts to identify and locate a relative who is | 11 | | ready, willing, and able to care for the child. At a minimum, | 12 | | these efforts shall be renewed each time the child requires a | 13 | | placement change and it is appropriate for the child to be | 14 | | cared for in a home environment. The Department must document | 15 | | its efforts to identify and locate such a relative placement | 16 | | and maintain the documentation in the child's case file. | 17 | | If the Department determines that a placement with any | 18 | | identified relative is not in the child's best interests or | 19 | | that the relative does not meet the requirements to be a | 20 | | relative caregiver, as set forth in Department rules or by | 21 | | statute, the Department must document the basis for that | 22 | | decision and maintain the documentation in the child's case | 23 | | file.
| 24 | | If, pursuant to the Department's rules, any person files an | 25 | | administrative appeal of the Department's decision not to place | 26 | | a child with a relative, it is the Department's burden to prove |
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| 1 | | that the decision is consistent with the child's best | 2 | | interests. | 3 | | When the Department determines that the child requires | 4 | | placement in an environment, other than a home environment, the | 5 | | Department shall continue to make reasonable efforts to | 6 | | identify and locate relatives to serve as visitation resources | 7 | | for the child and potential future placement resources, except | 8 | | when the Department determines that those efforts would be | 9 | | futile or inconsistent with the child's best interests. | 10 | | If the Department determines that efforts to identify and | 11 | | locate relatives would be futile or inconsistent with the | 12 | | child's best interests, the Department shall document the basis | 13 | | of its determination and maintain the documentation in the | 14 | | child's case file. | 15 | | If the Department determines that an individual or a group | 16 | | of relatives are inappropriate to serve as visitation resources | 17 | | or possible placement resources, the Department shall document | 18 | | the basis of its determination and maintain the documentation | 19 | | in the child's case file. | 20 | | When the Department determines that an individual or a | 21 | | group of relatives are appropriate to serve as visitation | 22 | | resources or possible future placement resources, the | 23 | | Department shall document the basis of its determination, | 24 | | maintain the documentation in the child's case file, create a | 25 | | visitation or transition plan, or both, and incorporate the | 26 | | visitation or transition plan, or both, into the child's case |
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| 1 | | plan. For the purpose of this subsection, any determination as | 2 | | to the child's best interests shall include consideration of | 3 | | the factors set out in subsection (4.05) of Section 1-3 of the | 4 | | Juvenile Court Act of 1987.
| 5 | | The Department may not place a child with a relative, with | 6 | | the exception of
certain circumstances which may be waived as | 7 | | defined by the Department in
rules, if the results of a check | 8 | | of the Law Enforcement Agencies
Data System (LEADS) identifies | 9 | | a prior criminal conviction of the relative or
any adult member | 10 | | of the relative's household for any of the following offenses
| 11 | | under the Criminal Code of 1961 or the Criminal Code of 2012:
| 12 | | (1) murder;
| 13 | | (1.1) solicitation of murder;
| 14 | | (1.2) solicitation of murder for hire;
| 15 | | (1.3) intentional homicide of an unborn child;
| 16 | | (1.4) voluntary manslaughter of an unborn child;
| 17 | | (1.5) involuntary manslaughter;
| 18 | | (1.6) reckless homicide;
| 19 | | (1.7) concealment of a homicidal death;
| 20 | | (1.8) involuntary manslaughter of an unborn child;
| 21 | | (1.9) reckless homicide of an unborn child;
| 22 | | (1.10) drug-induced homicide;
| 23 | | (2) a sex offense under Article 11, except offenses | 24 | | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | 25 | | 11-40, and 11-45;
| 26 | | (3) kidnapping;
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| 1 | | (3.1) aggravated unlawful restraint;
| 2 | | (3.2) forcible detention;
| 3 | | (3.3) aiding and abetting child abduction;
| 4 | | (4) aggravated kidnapping;
| 5 | | (5) child abduction;
| 6 | | (6) aggravated battery of a child as described in | 7 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| 8 | | (7) criminal sexual assault;
| 9 | | (8) aggravated criminal sexual assault;
| 10 | | (8.1) predatory criminal sexual assault of a child;
| 11 | | (9) criminal sexual abuse;
| 12 | | (10) aggravated sexual abuse;
| 13 | | (11) heinous battery as described in Section 12-4.1 or | 14 | | subdivision (a)(2) of Section 12-3.05;
| 15 | | (12) aggravated battery with a firearm as described in | 16 | | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 17 | | (e)(4) of Section 12-3.05;
| 18 | | (13) tampering with food, drugs, or cosmetics;
| 19 | | (14) drug-induced infliction of great bodily harm as | 20 | | described in Section 12-4.7 or subdivision (g)(1) of | 21 | | Section 12-3.05;
| 22 | | (15) aggravated stalking;
| 23 | | (16) home invasion;
| 24 | | (17) vehicular invasion;
| 25 | | (18) criminal transmission of HIV;
| 26 | | (19) criminal abuse or neglect of an elderly or |
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| 1 | | disabled person as described in Section 12-21 or subsection | 2 | | (b) of Section 12-4.4a;
| 3 | | (20) child abandonment;
| 4 | | (21) endangering the life or health of a child;
| 5 | | (22) ritual mutilation;
| 6 | | (23) ritualized abuse of a child;
| 7 | | (24) an offense in any other state the elements of | 8 | | which are similar and
bear a substantial relationship to | 9 | | any of the foregoing offenses.
| 10 | | For the purpose of this subsection, "relative" shall | 11 | | include
any person, 21 years of age or over, other than the | 12 | | parent, who (i) is
currently related to the child in any of the | 13 | | following ways by blood or
adoption: grandparent, sibling, | 14 | | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | 15 | | second cousin, godparent, great-uncle, or great-aunt; or (ii) | 16 | | is
the spouse of such a
relative; or (iii) is the child's | 17 | | step-father, step-mother, or adult
step-brother or | 18 | | step-sister; or (iv) is a fictive kin; "relative" also includes | 19 | | a person related in any
of the foregoing ways to a sibling of a | 20 | | child, even though the person is not
related to the child, when | 21 | | the
child and its sibling are placed together with that person. | 22 | | For children who have been in the guardianship of the | 23 | | Department, have been adopted, and are subsequently returned to | 24 | | the temporary custody or guardianship of the Department, a | 25 | | "relative" may also include any person who would have qualified | 26 | | as a relative under this paragraph prior to the adoption, but |
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| 1 | | only if the Department determines, and documents, that it would | 2 | | be in the child's best interests to consider this person a | 3 | | relative, based upon the factors for determining best interests | 4 | | set forth in subsection (4.05) of Section 1-3 of the Juvenile | 5 | | Court Act of 1987. A relative with
whom a child is placed | 6 | | pursuant to this subsection may, but is not required to,
apply | 7 | | for licensure as a foster family home pursuant to the Child | 8 | | Care Act of
1969; provided, however, that as of July 1, 1995, | 9 | | foster care payments shall be
made only to licensed foster | 10 | | family homes pursuant to the terms of Section 5 of
this Act.
| 11 | | Notwithstanding any other provision under this subsection | 12 | | to the contrary, a fictive kin with whom a child is placed | 13 | | pursuant to this subsection shall apply for licensure as a | 14 | | foster family home pursuant to the Child Care Act of 1969 | 15 | | within 6 months of the child's placement with the fictive kin. | 16 | | By January 1, 2015, the Department shall promulgate rules | 17 | | establishing criteria and standards for placement, | 18 | | identification, and licensure of fictive kin. | 19 | | For purposes of this subsection, "fictive kin" means any | 20 | | individual, unrelated by birth or marriage, who is shown to | 21 | | have close personal or emotional ties with the child or the | 22 | | child's family prior to the child's placement with the | 23 | | individual. | 24 | | (c) In placing a child under this Act, the Department shall | 25 | | ensure that
the child's health, safety, and best interests are | 26 | | met.
In rejecting placement of a child with an identified |
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| 1 | | relative, the Department shall ensure that the child's health, | 2 | | safety, and best interests are met. In evaluating the best | 3 | | interests of the child, the Department shall take into | 4 | | consideration the factors set forth in subsection (4.05) of | 5 | | Section 1-3 of the Juvenile Court Act of 1987.
| 6 | | The Department shall consider the individual needs of the
| 7 | | child and the capacity of the prospective foster or adoptive
| 8 | | parents to meet the needs of the child. When a child must be | 9 | | placed
outside his or her home and cannot be immediately | 10 | | returned to his or her
parents or guardian, a comprehensive, | 11 | | individualized assessment shall be
performed of that child at | 12 | | which time the needs of the child shall be
determined. Only if | 13 | | race, color, or national origin is identified as a
legitimate | 14 | | factor in advancing the child's best interests shall it be
| 15 | | considered. Race, color, or national origin shall not be | 16 | | routinely
considered in making a placement decision. The | 17 | | Department shall make
special
efforts for the diligent | 18 | | recruitment of potential foster and adoptive families
that | 19 | | reflect the ethnic and racial diversity of the children for | 20 | | whom foster
and adoptive homes are needed. "Special efforts" | 21 | | shall include contacting and
working with community | 22 | | organizations and religious organizations and may
include | 23 | | contracting with those organizations, utilizing local media | 24 | | and other
local resources, and conducting outreach activities.
| 25 | | (c-1) At the time of placement, the Department shall | 26 | | consider concurrent
planning, as described in subsection (l-1) |
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| 1 | | of Section 5, so that permanency may
occur at the earliest | 2 | | opportunity. Consideration should be given so that if
| 3 | | reunification fails or is delayed, the placement made is the | 4 | | best available
placement to provide permanency for the child.
| 5 | | (d) The Department may accept gifts, grants, offers of | 6 | | services, and
other contributions to use in making special | 7 | | recruitment efforts.
| 8 | | (e) The Department in placing children in adoptive or | 9 | | foster care homes
may not, in any policy or practice relating | 10 | | to the placement of children for
adoption or foster care, | 11 | | discriminate against any child or prospective adoptive
or | 12 | | foster parent on the basis of race.
| 13 | | (Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11; | 14 | | 96-1551, Article 2, Section 920, eff. 7-1-11; 97-1076, eff. | 15 | | 8-24-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 16 | | Section 10. The Child Care Act of 1969 is amended by | 17 | | changing Sections 2.04 and 2.17 as follows:
| 18 | | (225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
| 19 | | Sec. 2.04.
"Related" means any of the following | 20 | | relationships by
blood, marriage, or adoption: parent, | 21 | | grandparent, great-grandparent, great-uncle,
great-aunt, | 22 | | brother, sister,
stepparent, stepbrother, stepsister, uncle, | 23 | | aunt, nephew, niece, fictive kin as defined in Section 7 of the | 24 | | Children and Family Services Act, or
first cousin.
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| 1 | | (Source: P.A. 80-459 .)
| 2 | | (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
| 3 | | Sec. 2.17.
"Foster family home" means a facility for child | 4 | | care in
residences of families who receive no more than 8 | 5 | | children unrelated to them,
unless all the children are of | 6 | | common parentage, or residences of relatives who
receive no | 7 | | more than 8 related children placed by the Department, unless | 8 | | the
children are of common parentage, for the purpose of | 9 | | providing family care and
training for the children on a | 10 | | full-time basis, except the Director of Children
and Family | 11 | | Services, pursuant to Department regulations, may waive the | 12 | | limit of
8 children unrelated to an adoptive family for good | 13 | | cause and only to
facilitate an adoptive placement. The | 14 | | family's or relative's own children,
under 18 years of age, | 15 | | shall be included in determining the
maximum number of children | 16 | | served. For purposes of this Section, a "relative"
includes any | 17 | | person, 21 years of age or over, other than the parent, who (i) | 18 | | is
currently related to the child in any of the following ways | 19 | | by blood or
adoption: grandparent, sibling, great-grandparent, | 20 | | uncle, aunt, nephew, niece,
first cousin, great-uncle, or | 21 | | great-aunt; or (ii) is the spouse of such a
relative; or (iii) | 22 | | is a child's step-father, step-mother, or adult step-brother
or | 23 | | step-sister; or (iv) is a fictive kin; "relative" also includes | 24 | | a person related in any of the
foregoing ways to a sibling of a | 25 | | child, even though the person is not related
to the child, when |
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| 1 | | the child and its sibling are placed together with that
person. | 2 | | The term "foster family home" includes homes receiving children | 3 | | from
any State-operated institution for child care; or from any | 4 | | agency established
by a municipality or other political | 5 | | subdivision of the State of Illinois
authorized to provide care | 6 | | for children outside their own homes. The term
"foster family | 7 | | home" does not include an "adoption-only home" as defined in
| 8 | | Section 2.23 of this Act. The types of
foster family homes are | 9 | | defined as follows:
| 10 | | (a) "Boarding home" means a foster family home which | 11 | | receives payment
for regular full-time care of a child or | 12 | | children.
| 13 | | (b) "Free home" means a foster family home other than an | 14 | | adoptive home
which does not receive payments for the care of a | 15 | | child or children.
| 16 | | (c) "Adoptive home" means a foster family home which | 17 | | receives a child or
children for the purpose of adopting the | 18 | | child or children.
| 19 | | (d) "Work-wage home" means a foster family home which | 20 | | receives a child
or children who pay part or all of their board | 21 | | by rendering some services
to the family not prohibited by the | 22 | | Child Labor Law or by standards or
regulations of the | 23 | | Department prescribed under this Act. The child or
children may | 24 | | receive a wage in connection with the services rendered the
| 25 | | foster family.
| 26 | | (e) "Agency-supervised home" means a foster family home |
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| 1 | | under the direct
and regular supervision of a licensed child | 2 | | welfare agency, of the
Department of Children and Family | 3 | | Services, of a circuit court, or of any
other State agency | 4 | | which has authority to place children in child care
facilities, | 5 | | and which receives no more than 8 children, unless of common
| 6 | | parentage, who are placed and are regularly supervised by one | 7 | | of the
specified agencies.
| 8 | | (f) "Independent home" means a foster family home, other | 9 | | than an
adoptive home, which receives no more than 4 children, | 10 | | unless of common
parentage, directly from parents, or other | 11 | | legally responsible persons, by
independent arrangement and | 12 | | which is not subject to direct and regular
supervision of a | 13 | | specified agency except as such supervision pertains to
| 14 | | licensing by the Department.
| 15 | | (Source: P.A. 92-318, eff. 1-1-02.)
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