Illinois General Assembly - Full Text of SB3283
Illinois General Assembly

Previous General Assemblies

Full Text of SB3283  98th General Assembly

SB3283enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB3283 EnrolledLRB098 18961 KTG 54109 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 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
9shall place the child, as far as possible, in the care and
10custody of some individual holding the same religious belief as
11the parents of the child, or with some child care facility
12which is operated by persons of like religious faith as the
13parents of such child.
14    (a-5) In placing a child under this Act, the Department
15shall place the child with the child's sibling or siblings
16under Section 7.4 of this Act unless the placement is not in
17each child's best interest, or is otherwise not possible under
18the Department's rules. If the child is not placed with a
19sibling under the Department's rules, the Department shall
20consider placements that are likely to develop, preserve,
21nurture, and support sibling relationships, where doing so is
22in each child's best interest.
23    (b) In placing a child under this Act, the Department may

 

 

SB3283 Enrolled- 2 -LRB098 18961 KTG 54109 b

1place a child with a relative if the Department determines that
2the relative will be able to adequately provide for the child's
3safety and welfare based on the factors set forth in the
4Department's rules governing relative placements, and that the
5placement is consistent with the child's best interests, taking
6into consideration the factors set out in subsection (4.05) of
7Section 1-3 of the Juvenile Court Act of 1987.
8    When the Department first assumes custody of a child, in
9placing that child under this Act, the Department shall make
10reasonable efforts to identify and locate a relative who is
11ready, willing, and able to care for the child. At a minimum,
12these efforts shall be renewed each time the child requires a
13placement change and it is appropriate for the child to be
14cared for in a home environment. The Department must document
15its efforts to identify and locate such a relative placement
16and maintain the documentation in the child's case file.
17    If the Department determines that a placement with any
18identified relative is not in the child's best interests or
19that the relative does not meet the requirements to be a
20relative caregiver, as set forth in Department rules or by
21statute, the Department must document the basis for that
22decision and maintain the documentation in the child's case
23file.
24    If, pursuant to the Department's rules, any person files an
25administrative appeal of the Department's decision not to place
26a child with a relative, it is the Department's burden to prove

 

 

SB3283 Enrolled- 3 -LRB098 18961 KTG 54109 b

1that the decision is consistent with the child's best
2interests.
3    When the Department determines that the child requires
4placement in an environment, other than a home environment, the
5Department shall continue to make reasonable efforts to
6identify and locate relatives to serve as visitation resources
7for the child and potential future placement resources, except
8when the Department determines that those efforts would be
9futile or inconsistent with the child's best interests.
10    If the Department determines that efforts to identify and
11locate relatives would be futile or inconsistent with the
12child's best interests, the Department shall document the basis
13of its determination and maintain the documentation in the
14child's case file.
15    If the Department determines that an individual or a group
16of relatives are inappropriate to serve as visitation resources
17or possible placement resources, the Department shall document
18the basis of its determination and maintain the documentation
19in the child's case file.
20    When the Department determines that an individual or a
21group of relatives are appropriate to serve as visitation
22resources or possible future placement resources, the
23Department shall document the basis of its determination,
24maintain the documentation in the child's case file, create a
25visitation or transition plan, or both, and incorporate the
26visitation or transition plan, or both, into the child's case

 

 

SB3283 Enrolled- 4 -LRB098 18961 KTG 54109 b

1plan. For the purpose of this subsection, any determination as
2to the child's best interests shall include consideration of
3the factors set out in subsection (4.05) of Section 1-3 of the
4Juvenile Court Act of 1987.
5    The Department may not place a child with a relative, with
6the exception of certain circumstances which may be waived as
7defined by the Department in rules, if the results of a check
8of the Law Enforcement Agencies Data System (LEADS) identifies
9a prior criminal conviction of the relative or any adult member
10of the relative's household for any of the following offenses
11under 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;

 

 

SB3283 Enrolled- 5 -LRB098 18961 KTG 54109 b

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

 

 

SB3283 Enrolled- 6 -LRB098 18961 KTG 54109 b

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
11include any person, 21 years of age or over, other than the
12parent, who (i) is currently related to the child in any of the
13following ways by blood or adoption: grandparent, sibling,
14great-grandparent, uncle, aunt, nephew, niece, first cousin,
15second cousin, godparent, great-uncle, or great-aunt; or (ii)
16is the spouse of such a relative; or (iii) is the child's
17step-father, step-mother, or adult step-brother or
18step-sister; or (iv) is a fictive kin; "relative" also includes
19a person related in any of the foregoing ways to a sibling of a
20child, even though the person is not related to the child, when
21the child and its sibling are placed together with that person.
22For children who have been in the guardianship of the
23Department, have been adopted, and are subsequently returned to
24the temporary custody or guardianship of the Department, a
25"relative" may also include any person who would have qualified
26as a relative under this paragraph prior to the adoption, but

 

 

SB3283 Enrolled- 7 -LRB098 18961 KTG 54109 b

1only if the Department determines, and documents, that it would
2be in the child's best interests to consider this person a
3relative, based upon the factors for determining best interests
4set forth in subsection (4.05) of Section 1-3 of the Juvenile
5Court Act of 1987. A relative with whom a child is placed
6pursuant to this subsection may, but is not required to, apply
7for licensure as a foster family home pursuant to the Child
8Care Act of 1969; provided, however, that as of July 1, 1995,
9foster care payments shall be made only to licensed foster
10family homes pursuant to the terms of Section 5 of this Act.
11    Notwithstanding any other provision under this subsection
12to the contrary, a fictive kin with whom a child is placed
13pursuant to this subsection shall apply for licensure as a
14foster family home pursuant to the Child Care Act of 1969
15within 6 months of the child's placement with the fictive kin.
16The Department shall not remove a child from the home of a
17fictive kin on the basis that the fictive kin fails to apply
18for licensure within 6 months of the child's placement with the
19fictive kin, or fails to meet the standard for licensure. All
20other requirements established under the rules and procedures
21of the Department concerning the placement of a child, for whom
22the Department is legally responsible, with a relative shall
23apply. By June 1, 2015, the Department shall promulgate rules
24establishing criteria and standards for placement,
25identification, and licensure of fictive kin.
26    For purposes of this subsection, "fictive kin" means any

 

 

SB3283 Enrolled- 8 -LRB098 18961 KTG 54109 b

1individual, unrelated by birth or marriage, who is shown to
2have close personal or emotional ties with the child or the
3child's family prior to the child's placement with the
4individual.
5    The provisions added to this subsection (b) by this
6amendatory Act of the 98th General Assembly shall become
7operative on and after June 1, 2015.
8    (c) In placing a child under this Act, the Department shall
9ensure that the child's health, safety, and best interests are
10met. In rejecting placement of a child with an identified
11relative, the Department shall ensure that the child's health,
12safety, and best interests are met. In evaluating the best
13interests of the child, the Department shall take into
14consideration the factors set forth in subsection (4.05) of
15Section 1-3 of the Juvenile Court Act of 1987.
16    The Department shall consider the individual needs of the
17child and the capacity of the prospective foster or adoptive
18parents to meet the needs of the child. When a child must be
19placed outside his or her home and cannot be immediately
20returned to his or her parents or guardian, a comprehensive,
21individualized assessment shall be performed of that child at
22which time the needs of the child shall be determined. Only if
23race, color, or national origin is identified as a legitimate
24factor in advancing the child's best interests shall it be
25considered. Race, color, or national origin shall not be
26routinely considered in making a placement decision. The

 

 

SB3283 Enrolled- 9 -LRB098 18961 KTG 54109 b

1Department shall make special efforts for the diligent
2recruitment of potential foster and adoptive families that
3reflect the ethnic and racial diversity of the children for
4whom foster and adoptive homes are needed. "Special efforts"
5shall include contacting and working with community
6organizations and religious organizations and may include
7contracting with those organizations, utilizing local media
8and other local resources, and conducting outreach activities.
9    (c-1) At the time of placement, the Department shall
10consider concurrent planning, as described in subsection (l-1)
11of Section 5, so that permanency may occur at the earliest
12opportunity. Consideration should be given so that if
13reunification fails or is delayed, the placement made is the
14best available placement to provide permanency for the child.
15    (d) The Department may accept gifts, grants, offers of
16services, and other contributions to use in making special
17recruitment efforts.
18    (e) The Department in placing children in adoptive or
19foster care homes may not, in any policy or practice relating
20to the placement of children for adoption or foster care,
21discriminate against any child or prospective adoptive or
22foster parent on the basis of race.
23(Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11;
2496-1551, Article 2, Section 920, eff. 7-1-11; 97-1076, eff.
258-24-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 

 

 

SB3283 Enrolled- 10 -LRB098 18961 KTG 54109 b

1    Section 10. The Child Care Act of 1969 is amended by
2changing Sections 2.04 and 2.17 as follows:
 
3    (225 ILCS 10/2.04)  (from Ch. 23, par. 2212.04)
4    Sec. 2.04. "Related" means any of the following
5relationships by blood, marriage, or adoption: parent,
6grandparent, great-grandparent, great-uncle, great-aunt,
7brother, sister, stepparent, stepbrother, stepsister, uncle,
8aunt, nephew, niece, fictive kin as defined in Section 7 of the
9Children and Family Services Act, or first cousin.
10(Source: P.A. 80-459.)
 
11    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
12    Sec. 2.17. "Foster family home" means a facility for child
13care in residences of families who receive no more than 8
14children unrelated to them, unless all the children are of
15common parentage, or residences of relatives who receive no
16more than 8 related children placed by the Department, unless
17the children are of common parentage, for the purpose of
18providing family care and training for the children on a
19full-time basis, except the Director of Children and Family
20Services, pursuant to Department regulations, may waive the
21limit of 8 children unrelated to an adoptive family for good
22cause and only to facilitate an adoptive placement. The
23family's or relative's own children, under 18 years of age,
24shall be included in determining the maximum number of children

 

 

SB3283 Enrolled- 11 -LRB098 18961 KTG 54109 b

1served. For purposes of this Section, a "relative" includes any
2person, 21 years of age or over, other than the parent, who (i)
3is currently related to the child in any of the following ways
4by blood or adoption: grandparent, sibling, great-grandparent,
5uncle, aunt, nephew, niece, first cousin, great-uncle, or
6great-aunt; or (ii) is the spouse of such a relative; or (iii)
7is a child's step-father, step-mother, or adult step-brother or
8step-sister; or (iv) is a fictive kin; "relative" also includes
9a person related in any of the foregoing ways to a sibling of a
10child, even though the person is not related to the child, when
11the child and its sibling are placed together with that person.
12The term "foster family home" includes homes receiving children
13from any State-operated institution for child care; or from any
14agency established by a municipality or other political
15subdivision of the State of Illinois authorized to provide care
16for children outside their own homes. The term "foster family
17home" does not include an "adoption-only home" as defined in
18Section 2.23 of this Act. The types of foster family homes are
19defined as follows:
20    (a) "Boarding home" means a foster family home which
21receives payment for regular full-time care of a child or
22children.
23    (b) "Free home" means a foster family home other than an
24adoptive home which does not receive payments for the care of a
25child or children.
26    (c) "Adoptive home" means a foster family home which

 

 

SB3283 Enrolled- 12 -LRB098 18961 KTG 54109 b

1receives a child or children for the purpose of adopting the
2child or children.
3    (d) "Work-wage home" means a foster family home which
4receives a child or children who pay part or all of their board
5by rendering some services to the family not prohibited by the
6Child Labor Law or by standards or regulations of the
7Department prescribed under this Act. The child or children may
8receive a wage in connection with the services rendered the
9foster family.
10    (e) "Agency-supervised home" means a foster family home
11under the direct and regular supervision of a licensed child
12welfare agency, of the Department of Children and Family
13Services, of a circuit court, or of any other State agency
14which has authority to place children in child care facilities,
15and which receives no more than 8 children, unless of common
16parentage, who are placed and are regularly supervised by one
17of the specified agencies.
18    (f) "Independent home" means a foster family home, other
19than an adoptive home, which receives no more than 4 children,
20unless of common parentage, directly from parents, or other
21legally responsible persons, by independent arrangement and
22which is not subject to direct and regular supervision of a
23specified agency except as such supervision pertains to
24licensing by the Department.
25(Source: P.A. 92-318, eff. 1-1-02.)