Full Text of SB2655 100th General Assembly
SB2655eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning juveniles.
| 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 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 welfare | 9 | | services when not available
through other public or private | 10 | | child care or program facilities.
| 11 | | (a) For purposes of this Section:
| 12 | | (1) "Children" means persons found within the State who | 13 | | are under the
age of 18 years. The term also includes | 14 | | persons under age 21 who:
| 15 | | (A) were committed to the Department pursuant to | 16 | | the
Juvenile Court Act or the Juvenile Court Act of | 17 | | 1987, as amended, 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 training by
| 20 | | the Department prior to the age of 18 and whose best | 21 | | interest in the
discretion of the Department would be | 22 | | served by continuing that care,
service and training | 23 | | because of severe emotional disturbances, physical
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| 1 | | disability, social adjustment or any combination | 2 | | thereof, or because of the
need to complete an | 3 | | educational or vocational training program.
| 4 | | (2) "Homeless youth" means persons found within the
| 5 | | State who are under the age of 19, are not in a safe and | 6 | | stable living
situation and cannot be reunited with their | 7 | | families.
| 8 | | (3) "Child welfare services" means public social | 9 | | services which are
directed toward the accomplishment of | 10 | | the following purposes:
| 11 | | (A) protecting and promoting the health, safety | 12 | | and welfare of
children,
including homeless, dependent | 13 | | or neglected children;
| 14 | | (B) remedying, or assisting in the solution
of | 15 | | problems which may result in, the neglect, abuse, | 16 | | exploitation or
delinquency of children;
| 17 | | (C) preventing the unnecessary separation of | 18 | | children
from their families by identifying family | 19 | | problems, assisting families in
resolving their | 20 | | problems, and preventing the breakup of the family
| 21 | | where the prevention of child removal is desirable and | 22 | | possible when the
child can be cared for at home | 23 | | without endangering the child's health and
safety;
| 24 | | (D) restoring to their families children who have | 25 | | been
removed, by the provision of services to the child | 26 | | and the families when the
child can be cared for at |
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| 1 | | home without endangering the child's health and
| 2 | | safety;
| 3 | | (E) placing children in suitable adoptive homes, | 4 | | in
cases where restoration to the biological family is | 5 | | not safe, possible or
appropriate;
| 6 | | (F) assuring safe and adequate care of children | 7 | | away from their
homes, in cases where the child cannot | 8 | | be returned home or cannot be placed
for adoption. At | 9 | | the time of placement, the Department shall consider
| 10 | | concurrent planning,
as described in subsection (l-1) | 11 | | of this Section so that permanency may
occur at the | 12 | | earliest opportunity. Consideration should be given so | 13 | | that if
reunification fails or is delayed, the | 14 | | placement made is the best available
placement to | 15 | | provide permanency for the child;
| 16 | | (G) (blank);
| 17 | | (H) (blank); and
| 18 | | (I) placing and maintaining children in facilities | 19 | | that provide
separate living quarters for children | 20 | | under the age of 18 and for children
18 years of age | 21 | | and older, unless a child 18 years of age is in the | 22 | | last
year of high school education or vocational | 23 | | training, in an approved
individual or group treatment | 24 | | program, in a licensed shelter facility,
or secure | 25 | | child care facility.
The Department is not required to | 26 | | place or maintain children:
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| 1 | | (i) who are in a foster home, or
| 2 | | (ii) who are persons with a developmental | 3 | | disability, as defined in
the Mental
Health and | 4 | | Developmental Disabilities Code, or
| 5 | | (iii) who are female children who are | 6 | | pregnant, pregnant and
parenting or parenting, or
| 7 | | (iv) who are siblings, in facilities that | 8 | | provide separate living quarters for children 18
| 9 | | years of age and older and for children under 18 | 10 | | years of age.
| 11 | | (b) Nothing in this Section shall be construed to authorize | 12 | | the
expenditure of public funds for the purpose of performing | 13 | | abortions.
| 14 | | (c) The Department shall establish and maintain | 15 | | tax-supported child
welfare services and extend and seek to | 16 | | improve voluntary services
throughout the State, to the end | 17 | | that services and care shall be available
on an equal basis | 18 | | throughout the State to children requiring such services.
| 19 | | (d) The Director may authorize advance disbursements for | 20 | | any new program
initiative to any agency contracting with the | 21 | | Department. As a
prerequisite for an advance disbursement, the | 22 | | contractor must post a
surety bond in the amount of the advance | 23 | | disbursement and have a
purchase of service contract approved | 24 | | by the Department. The Department
may pay up to 2 months | 25 | | operational expenses in advance. The amount of the
advance | 26 | | disbursement shall be prorated over the life of the contract
or |
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| 1 | | the remaining months of the fiscal year, whichever is less, and | 2 | | the
installment amount shall then be deducted from future | 3 | | bills. Advance
disbursement authorizations for new initiatives | 4 | | shall not be made to any
agency after that agency has operated | 5 | | during 2 consecutive fiscal years.
The requirements of this | 6 | | Section concerning advance disbursements shall
not apply with | 7 | | respect to the following: payments to local public agencies
for | 8 | | child day care services as authorized by Section 5a of this | 9 | | Act; and
youth service programs receiving grant funds under | 10 | | Section 17a-4.
| 11 | | (e) (Blank).
| 12 | | (f) (Blank).
| 13 | | (g) The Department shall establish rules and regulations | 14 | | concerning
its operation of programs designed to meet the goals | 15 | | of child safety and
protection,
family preservation, family | 16 | | reunification, and adoption, including but not
limited to:
| 17 | | (1) adoption;
| 18 | | (2) foster care;
| 19 | | (3) family counseling;
| 20 | | (4) protective services;
| 21 | | (5) (blank);
| 22 | | (6) homemaker service;
| 23 | | (7) return of runaway children;
| 24 | | (8) (blank);
| 25 | | (9) placement under Section 5-7 of the Juvenile Court | 26 | | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
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| 1 | | Court Act of 1987 in
accordance with the federal Adoption | 2 | | 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 staff | 6 | | of Department
grantees, through contracts with other agencies | 7 | | or resources, in alcohol
and drug abuse screening techniques | 8 | | approved by the Department of Human
Services, as a successor to | 9 | | the Department of Alcoholism and Substance Abuse,
for the | 10 | | purpose of identifying children and adults who
should be | 11 | | referred to an alcohol and drug abuse treatment program for
| 12 | | professional evaluation.
| 13 | | (h) If the Department finds that there is no appropriate | 14 | | program or
facility within or available to the Department for a | 15 | | youth in care and that no
licensed private facility has an | 16 | | adequate and appropriate program or none
agrees to accept the | 17 | | youth in care, the Department shall create an appropriate
| 18 | | individualized, program-oriented plan for such youth in care. | 19 | | The
plan may be developed within the Department or through | 20 | | purchase of services
by the Department to the extent that it is | 21 | | within 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;
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| 1 | | (3) counseling;
| 2 | | (4) parent education;
| 3 | | (5) day care; and
| 4 | | (6) emergency assistance and advocacy.
| 5 | | In addition, the following services may be made available | 6 | | to assess and
meet the needs of children and families:
| 7 | | (1) comprehensive family-based services;
| 8 | | (2) assessments;
| 9 | | (3) respite care; and
| 10 | | (4) in-home health services.
| 11 | | The Department shall provide transportation for any of the | 12 | | services it
makes available to children or families or for | 13 | | which it refers children
or families.
| 14 | | (j) The Department may provide categories of financial | 15 | | assistance and
education assistance grants, and shall
| 16 | | establish rules and regulations concerning the assistance and | 17 | | grants, to
persons who
adopt children with physical or mental | 18 | | disabilities, children who are older, or other hard-to-place
| 19 | | children who (i) immediately prior to their adoption were youth | 20 | | in care or (ii) were determined eligible for financial | 21 | | assistance with respect to a
prior adoption and who become | 22 | | available for adoption because the
prior adoption has been | 23 | | dissolved and the parental rights of the adoptive
parents have | 24 | | been
terminated or because the child's adoptive parents have | 25 | | died.
The Department may continue to provide financial | 26 | | assistance and education assistance grants for a child who was |
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| 1 | | determined eligible for financial assistance under this | 2 | | subsection (j) in the interim period beginning when the child's | 3 | | adoptive parents died and ending with the finalization of the | 4 | | new adoption of the child by another adoptive parent or | 5 | | parents. The Department may also provide categories of | 6 | | financial
assistance and education assistance grants, and
| 7 | | shall establish rules and regulations for the assistance and | 8 | | grants, to persons
appointed guardian of the person under | 9 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | 10 | | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | 11 | | who were youth in care for 12 months immediately
prior to the | 12 | | appointment of the guardian.
| 13 | | The amount of assistance may vary, depending upon the needs | 14 | | of the child
and the adoptive parents,
as set forth in the | 15 | | annual
assistance agreement. Special purpose grants are | 16 | | allowed where the child
requires special service but such costs | 17 | | may not exceed the amounts
which similar services would cost | 18 | | the Department if it were to provide or
secure them as guardian | 19 | | of the child.
| 20 | | Any financial assistance provided under this subsection is
| 21 | | inalienable by assignment, sale, execution, attachment, | 22 | | garnishment, or any
other remedy for recovery or collection of | 23 | | a judgment or debt.
| 24 | | (j-5) The Department shall not deny or delay the placement | 25 | | of a child for
adoption
if an approved family is available | 26 | | either outside of the Department region
handling the case,
or |
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| 1 | | outside of the State of Illinois.
| 2 | | (k) The Department shall accept for care and training any | 3 | | child who has
been adjudicated neglected or abused, or | 4 | | dependent committed to it pursuant
to the Juvenile Court Act or | 5 | | the Juvenile Court Act of 1987.
| 6 | | (l) The Department shall
offer family preservation | 7 | | services, as defined in Section 8.2 of the Abused
and
Neglected | 8 | | Child
Reporting Act, to help families, including adoptive and | 9 | | extended families.
Family preservation
services shall be | 10 | | offered (i) to prevent the
placement
of children in
substitute | 11 | | care when the children can be cared for at home or in the | 12 | | custody of
the person
responsible for the children's welfare,
| 13 | | (ii) to
reunite children with their families, or (iii) to
| 14 | | maintain an adoptive placement. Family preservation services | 15 | | shall only be
offered when doing so will not endanger the | 16 | | children's health or safety. With
respect to children who are | 17 | | in substitute care pursuant to the Juvenile Court
Act of 1987, | 18 | | family preservation services shall not be offered if a goal | 19 | | other
than those of subdivisions (A), (B), or (B-1) of | 20 | | subsection (2) of Section 2-28
of
that Act has been set , except | 21 | | that reunification services may be offered as provided in | 22 | | paragraph (F) of subsection (2) of Section 2-28 of that Act .
| 23 | | Nothing in this paragraph shall be construed to create a | 24 | | private right of
action or claim on the part of any individual | 25 | | or child welfare agency, except that when a child is the | 26 | | subject of an action under Article II of the Juvenile Court Act |
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| 1 | | of 1987 and the child's service plan calls for services to | 2 | | facilitate achievement of the permanency goal, the court | 3 | | hearing the action under Article II of the Juvenile Court Act | 4 | | of 1987 may order the Department to provide the services set | 5 | | out in the plan, if those services are not provided with | 6 | | reasonable promptness and if those services are available.
| 7 | | The Department shall notify the child and his family of the
| 8 | | Department's
responsibility to offer and provide family | 9 | | preservation services as
identified in the service plan. The | 10 | | child and his family shall be eligible
for services as soon as | 11 | | the report is determined to be "indicated". The
Department may | 12 | | offer services to any child or family with respect to whom a
| 13 | | report of suspected child abuse or neglect has been filed, | 14 | | prior to
concluding its investigation under Section 7.12 of the | 15 | | Abused and Neglected
Child Reporting Act. However, the child's | 16 | | or family's willingness to
accept services shall not be | 17 | | considered in the investigation. The
Department may also | 18 | | provide services to any child or family who is the
subject of | 19 | | any report of suspected child abuse or neglect or may refer | 20 | | such
child or family to services available from other agencies | 21 | | in the community,
even if the report is determined to be | 22 | | unfounded, if the conditions in the
child's or family's home | 23 | | are reasonably likely to subject the child or
family to future | 24 | | reports of suspected child abuse or neglect. Acceptance
of such | 25 | | services shall be voluntary. The Department may also provide | 26 | | services to any child or family after completion of a family |
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| 1 | | assessment, as an alternative to an investigation, as provided | 2 | | under the "differential response program" provided for in | 3 | | subsection (a-5) of Section 7.4 of the Abused and Neglected | 4 | | Child Reporting Act.
| 5 | | The Department may, at its discretion except for those | 6 | | children also
adjudicated neglected or dependent, accept for | 7 | | care and training any child
who has been adjudicated addicted, | 8 | | as a truant minor in need of
supervision or as a minor | 9 | | requiring authoritative intervention, under the
Juvenile Court | 10 | | Act or the Juvenile Court Act of 1987, but no such child
shall | 11 | | be committed to the Department by any court without the | 12 | | approval of
the Department. On and after January 1, 2015 ( the | 13 | | effective date of Public Act 98-803) this amendatory Act of the | 14 | | 98th General Assembly and before January 1, 2017, a minor | 15 | | charged with a criminal offense under the Criminal
Code of 1961 | 16 | | or the Criminal Code of 2012 or adjudicated delinquent shall | 17 | | not be placed in the custody of or
committed to the Department | 18 | | by any court, except (i) a minor less than 16 years
of age | 19 | | committed to the Department under Section 5-710 of the Juvenile | 20 | | Court
Act
of 1987, (ii) a minor for whom an independent basis | 21 | | of abuse, neglect, or dependency exists, which must be defined | 22 | | by departmental rule, or (iii) a minor for whom the court has | 23 | | granted a supplemental petition to reinstate wardship pursuant | 24 | | to subsection (2) of Section 2-33 of the Juvenile Court Act of | 25 | | 1987. On and after January 1, 2017, a minor charged with a | 26 | | criminal offense under the Criminal
Code of 1961 or the |
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| 1 | | Criminal Code of 2012 or adjudicated delinquent shall not be | 2 | | placed in the custody of or
committed to the Department by any | 3 | | court, except (i) a minor less than 15 years
of age committed | 4 | | to the Department under Section 5-710 of the Juvenile Court
Act
| 5 | | of 1987, ii) a minor for whom an independent basis of abuse, | 6 | | neglect, or dependency exists, which must be defined by | 7 | | departmental rule, or (iii) a minor for whom the court has | 8 | | granted a supplemental petition to reinstate wardship pursuant | 9 | | to subsection (2) of Section 2-33 of the Juvenile Court Act of | 10 | | 1987. An independent basis exists when the allegations or | 11 | | adjudication of abuse, neglect, or dependency do not arise from | 12 | | the same facts, incident, or circumstances which give rise to a | 13 | | charge or adjudication of delinquency. The Department shall
| 14 | | assign a caseworker to attend any hearing involving a youth in
| 15 | | the care and custody of the Department who is placed on | 16 | | aftercare release, including hearings
involving sanctions for | 17 | | violation of aftercare release
conditions and aftercare | 18 | | release revocation hearings.
| 19 | | As soon as is possible after August 7, 2009 (the effective | 20 | | date of Public Act 96-134), the Department shall develop and | 21 | | implement a special program of family preservation services to | 22 | | support intact, foster, and adoptive families who are | 23 | | experiencing extreme hardships due to the difficulty and stress | 24 | | of caring for a child who has been diagnosed with a pervasive | 25 | | developmental disorder if the Department determines that those | 26 | | services are necessary to ensure the health and safety of the |
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| 1 | | child. The Department may offer services to any family whether | 2 | | or not a report has been filed under the Abused and Neglected | 3 | | Child Reporting Act. The Department may refer the child or | 4 | | family to services available from other agencies in the | 5 | | community if the conditions in the child's or family's home are | 6 | | reasonably likely to subject the child or family to future | 7 | | reports of suspected child abuse or neglect. Acceptance of | 8 | | these services shall be voluntary. The Department shall develop | 9 | | and implement a public information campaign to alert health and | 10 | | social service providers and the general public about these | 11 | | special family preservation services. The nature and scope of | 12 | | the services offered and the number of families served under | 13 | | the special program implemented under this paragraph shall be | 14 | | determined by the level of funding that the Department annually | 15 | | allocates for this purpose. The term "pervasive developmental | 16 | | disorder" under this paragraph means a neurological condition, | 17 | | including but not limited to, Asperger's Syndrome and autism, | 18 | | as defined in the most recent edition of the Diagnostic and | 19 | | Statistical Manual of Mental Disorders of the American | 20 | | Psychiatric Association. | 21 | | (l-1) The legislature recognizes that the best interests of | 22 | | the child
require that
the child be placed in the most | 23 | | permanent living arrangement as soon as is
practically
| 24 | | possible. To achieve this goal, the legislature directs the | 25 | | Department of
Children and
Family Services to conduct | 26 | | concurrent planning so that permanency may occur at
the
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| 1 | | earliest opportunity. Permanent living arrangements may | 2 | | include prevention of
placement of a child outside the home of | 3 | | 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.
| 8 | | When determining reasonable efforts to be made with respect | 9 | | to a child, as
described in this
subsection, and in making such | 10 | | reasonable efforts, the child's health and
safety shall be the
| 11 | | paramount concern.
| 12 | | When a child is placed in foster care, the Department shall | 13 | | ensure and
document that reasonable efforts were made to | 14 | | prevent or eliminate the need to
remove the child from the | 15 | | child's home. The Department must make
reasonable efforts to | 16 | | reunify the family when temporary placement of the child
occurs
| 17 | | unless otherwise required, pursuant to the Juvenile Court Act | 18 | | of 1987.
At any time after the dispositional hearing where the | 19 | | Department believes
that further reunification services would | 20 | | be ineffective, it may request a
finding from the court that | 21 | | reasonable efforts are no longer appropriate. The
Department is | 22 | | not required to provide further reunification services after | 23 | | such
a
finding.
| 24 | | A decision to place a child in substitute care shall be | 25 | | made with
considerations of the child's health, safety, and | 26 | | best interests. At the
time of placement, consideration should |
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| 1 | | also be given so that if reunification
fails or is delayed, the | 2 | | placement made is the best available placement to
provide | 3 | | permanency for the child.
| 4 | | The Department shall adopt rules addressing concurrent | 5 | | planning for
reunification and permanency. The Department | 6 | | shall consider the following
factors when determining | 7 | | appropriateness of concurrent planning:
| 8 | | (1) the likelihood of prompt reunification;
| 9 | | (2) the past history of the family;
| 10 | | (3) the barriers to reunification being addressed by | 11 | | the family;
| 12 | | (4) the level of cooperation of the family;
| 13 | | (5) the foster parents' willingness to work with the | 14 | | family to reunite;
| 15 | | (6) the willingness and ability of the foster family to | 16 | | provide an
adoptive
home or long-term placement;
| 17 | | (7) the age of the child;
| 18 | | (8) placement of siblings.
| 19 | | (m) The Department may assume temporary custody of any | 20 | | child if:
| 21 | | (1) it has received a written consent to such temporary | 22 | | custody
signed by the parents of the child or by the parent | 23 | | having custody of the
child if the parents are not living | 24 | | together or by the guardian or
custodian of the child if | 25 | | the child is not in the custody of either
parent, or
| 26 | | (2) the child is found in the State and neither a |
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| 1 | | parent,
guardian nor custodian of the child can be located.
| 2 | | If the child is found in his or her residence without a parent, | 3 | | guardian,
custodian or responsible caretaker, the Department | 4 | | may, instead of removing
the child and assuming temporary | 5 | | custody, place an authorized
representative of the Department | 6 | | in that residence until such time as a
parent, guardian or | 7 | | custodian enters the home and expresses a willingness
and | 8 | | apparent ability to ensure the child's health and safety and | 9 | | resume
permanent
charge of the child, or until a
relative | 10 | | enters the home and is willing and able to ensure the child's | 11 | | health
and
safety and assume charge of the
child until a | 12 | | parent, guardian or custodian enters the home and expresses
| 13 | | such willingness and ability to ensure the child's safety and | 14 | | resume
permanent charge. After a caretaker has remained in the | 15 | | home for a period not
to exceed 12 hours, the Department must | 16 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | 17 | | 5-415 of the Juvenile Court Act
of 1987.
| 18 | | The Department shall have the authority, responsibilities | 19 | | and duties that
a legal custodian of the child would have | 20 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | 21 | | Act of 1987. Whenever a child is taken
into temporary custody | 22 | | pursuant to an investigation under the Abused and
Neglected | 23 | | Child Reporting Act, or pursuant to a referral and acceptance
| 24 | | under the Juvenile Court Act of 1987 of a minor in limited | 25 | | custody, the
Department, during the period of temporary custody | 26 | | and before the child
is brought before a judicial officer as |
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| 1 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | 2 | | Court Act of 1987, shall have
the authority, responsibilities | 3 | | and duties that a legal custodian of the child
would have under | 4 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
| 5 | | 1987.
| 6 | | The Department shall ensure that any child taken into | 7 | | custody
is scheduled for an appointment for a medical | 8 | | examination.
| 9 | | A parent, guardian or custodian of a child in the temporary | 10 | | custody of the
Department who would have custody of the child | 11 | | if he were not in the
temporary custody of the Department may | 12 | | deliver to the Department a signed
request that the Department | 13 | | surrender the temporary custody of the child.
The Department | 14 | | may retain temporary custody of the child for 10 days after
the | 15 | | receipt of the request, during which period the Department may | 16 | | cause to
be filed a petition pursuant to the Juvenile Court Act | 17 | | of 1987. If a
petition is so filed, the Department shall retain | 18 | | temporary custody of the
child until the court orders | 19 | | otherwise. If a petition is not filed within
the 10-day 10 day | 20 | | period, the child shall be surrendered to the custody of the
| 21 | | requesting parent, guardian or custodian not later than the | 22 | | expiration of
the 10-day 10 day period, at which time the | 23 | | authority and duties of the Department
with respect to the | 24 | | temporary custody of the child shall terminate.
| 25 | | (m-1) The Department may place children under 18 years of | 26 | | age in a secure
child care facility licensed by the Department |
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| 1 | | that cares for children who are
in need of secure living | 2 | | arrangements for their health, safety, and well-being
after a | 3 | | determination is made by the facility director and the Director | 4 | | or the
Director's designate prior to admission to the facility | 5 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | 6 | | This subsection (m-1) does not apply
to a child who is subject | 7 | | to placement in a correctional facility operated
pursuant to | 8 | | Section 3-15-2 of the Unified Code of Corrections, unless the
| 9 | | child is a youth in care who was placed in the care of the | 10 | | Department before being
subject to placement in a correctional | 11 | | facility and a court of competent
jurisdiction has ordered | 12 | | placement of the child in a secure care facility.
| 13 | | (n) The Department may place children under 18 years of age | 14 | | in
licensed child care facilities when in the opinion of the | 15 | | Department,
appropriate services aimed at family preservation | 16 | | have been unsuccessful and
cannot ensure the child's health and | 17 | | safety or are unavailable and such
placement would be for their | 18 | | best interest. Payment
for board, clothing, care, training and | 19 | | supervision of any child placed in
a licensed child care | 20 | | facility may be made by the Department, by the
parents or | 21 | | guardians of the estates of those children, or by both the
| 22 | | Department and the parents or guardians, except that no | 23 | | payments shall be
made by the Department for any child placed | 24 | | in a licensed child care
facility for board, clothing, care, | 25 | | training and supervision of such a
child that exceed the | 26 | | average per capita cost of maintaining and of caring
for a |
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| 1 | | child in institutions for dependent or neglected children | 2 | | operated by
the Department. However, such restriction on | 3 | | payments does not apply in
cases where children require | 4 | | specialized care and treatment for problems of
severe emotional | 5 | | disturbance, physical disability, social adjustment, or
any | 6 | | combination thereof and suitable facilities for the placement | 7 | | of such
children are not available at payment rates within the | 8 | | limitations set
forth in this Section. All reimbursements for | 9 | | services delivered shall be
absolutely inalienable by | 10 | | assignment, sale, attachment, garnishment or
otherwise.
| 11 | | (n-1) The Department shall provide or authorize child | 12 | | welfare services, aimed at assisting minors to achieve | 13 | | sustainable self-sufficiency as independent adults, for any | 14 | | minor eligible for the reinstatement of wardship pursuant to | 15 | | subsection (2) of Section 2-33 of the Juvenile Court Act of | 16 | | 1987, whether or not such reinstatement is sought or allowed, | 17 | | provided that the minor consents to such services and has not | 18 | | yet attained the age of 21. The Department shall have | 19 | | responsibility for the development and delivery of services | 20 | | under this Section. An eligible youth may access services under | 21 | | this Section through the Department of Children and Family | 22 | | Services or by referral from the Department of Human Services. | 23 | | Youth participating in services under this Section shall | 24 | | cooperate with the assigned case manager in developing an | 25 | | agreement identifying the services to be provided and how the | 26 | | youth will increase skills to achieve self-sufficiency. A |
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| 1 | | homeless shelter is not considered appropriate housing for any | 2 | | youth receiving child welfare services under this Section. The | 3 | | Department shall continue child welfare services under this | 4 | | Section to any eligible minor until the minor becomes 21 years | 5 | | of age, no longer consents to participate, or achieves | 6 | | self-sufficiency as identified in the minor's service plan. The | 7 | | Department of Children and Family Services shall create clear, | 8 | | readable notice of the rights of former foster youth to child | 9 | | welfare services under this Section and how such services may | 10 | | be obtained. The Department of Children and Family Services and | 11 | | the Department of Human Services shall disseminate this | 12 | | information statewide. The Department shall adopt regulations | 13 | | describing services intended to assist minors in achieving | 14 | | sustainable self-sufficiency as independent adults. | 15 | | (o) The Department shall establish an administrative | 16 | | review and appeal
process for children and families who request | 17 | | or receive child welfare
services from the Department. Youth in | 18 | | care who are placed by private child welfare agencies, and | 19 | | foster families with whom
those youth are placed, shall be | 20 | | afforded the same procedural and appeal
rights as children and | 21 | | families in the case of placement by the Department,
including | 22 | | the right to an initial review of a private agency decision by
| 23 | | that agency. The Department shall ensure that any private child | 24 | | welfare
agency, which accepts youth in care for placement, | 25 | | affords those
rights to children and foster families. The | 26 | | Department shall accept for
administrative review and an appeal |
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| 1 | | hearing a complaint made by (i) a child
or foster family | 2 | | concerning a decision following an initial review by a
private | 3 | | child welfare agency or (ii) a prospective adoptive parent who | 4 | | alleges
a violation of subsection (j-5) of this Section. An | 5 | | appeal of a decision
concerning a change in the placement of a | 6 | | child shall be conducted in an
expedited manner. A court | 7 | | determination that a current foster home placement is necessary | 8 | | and appropriate under Section 2-28 of the Juvenile Court Act of | 9 | | 1987 does not constitute a judicial determination on the merits | 10 | | of an administrative appeal, filed by a former foster parent, | 11 | | involving a change of placement decision.
| 12 | | (p) (Blank).
| 13 | | (q) The Department may receive and use, in their entirety, | 14 | | for the
benefit of children any gift, donation or bequest of | 15 | | money or other
property which is received on behalf of such | 16 | | children, or any financial
benefits to which such children are | 17 | | or may become entitled while under
the jurisdiction or care of | 18 | | the Department.
| 19 | | The Department shall set up and administer no-cost, | 20 | | interest-bearing accounts in appropriate financial | 21 | | institutions
for children for whom the Department is legally | 22 | | responsible and who have been
determined eligible for Veterans' | 23 | | Benefits, Social Security benefits,
assistance allotments from | 24 | | the armed forces, court ordered payments, parental
voluntary | 25 | | payments, Supplemental Security Income, Railroad Retirement
| 26 | | payments, Black Lung benefits, or other miscellaneous |
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| 1 | | payments. Interest
earned by each account shall be credited to | 2 | | the account, unless
disbursed in accordance with this | 3 | | subsection.
| 4 | | In disbursing funds from children's accounts, the | 5 | | Department
shall:
| 6 | | (1) Establish standards in accordance with State and | 7 | | federal laws for
disbursing money from children's | 8 | | accounts. In all
circumstances,
the Department's | 9 | | "Guardianship Administrator" or his or her designee must
| 10 | | approve disbursements from children's accounts. The | 11 | | Department
shall be responsible for keeping complete | 12 | | records of all disbursements for each account for any | 13 | | purpose.
| 14 | | (2) Calculate on a monthly basis the amounts paid from | 15 | | State funds for the
child's board and care, medical care | 16 | | not covered under Medicaid, and social
services; and | 17 | | utilize funds from the child's account, as
covered by | 18 | | regulation, to reimburse those costs. Monthly, | 19 | | disbursements from
all children's accounts, up to 1/12 of | 20 | | $13,000,000, shall be
deposited by the Department into the | 21 | | General Revenue Fund and the balance over
1/12 of | 22 | | $13,000,000 into the DCFS Children's Services Fund.
| 23 | | (3) Maintain any balance remaining after reimbursing | 24 | | for the child's costs
of care, as specified in item (2). | 25 | | The balance shall accumulate in accordance
with relevant | 26 | | State and federal laws and shall be disbursed to the child |
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| 1 | | or his
or her guardian, or to the issuing agency.
| 2 | | (r) The Department shall promulgate regulations | 3 | | encouraging all adoption
agencies to voluntarily forward to the | 4 | | Department or its agent names and
addresses of all persons who | 5 | | have applied for and have been approved for
adoption of a | 6 | | hard-to-place child or child with a disability and the names of | 7 | | such
children who have not been placed for adoption. A list of | 8 | | such names and
addresses shall be maintained by the Department | 9 | | or its agent, and coded
lists which maintain the | 10 | | confidentiality of the person seeking to adopt the
child and of | 11 | | the child shall be made available, without charge, to every
| 12 | | adoption agency in the State to assist the agencies in placing | 13 | | such
children for adoption. The Department may delegate to an | 14 | | agent its duty to
maintain and make available such lists. The | 15 | | Department shall ensure that
such agent maintains the | 16 | | confidentiality of the person seeking to adopt the
child and of | 17 | | the child.
| 18 | | (s) The Department of Children and Family Services may | 19 | | establish and
implement a program to reimburse Department and | 20 | | private child welfare
agency foster parents licensed by the | 21 | | Department of Children and Family
Services for damages | 22 | | sustained by the foster parents as a result of the
malicious or | 23 | | negligent acts of foster children, as well as providing third
| 24 | | party coverage for such foster parents with regard to actions | 25 | | of foster
children to other individuals. Such coverage will be | 26 | | secondary to the
foster parent liability insurance policy, if |
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| 1 | | applicable. The program shall
be funded through appropriations | 2 | | from the General Revenue Fund,
specifically designated for such | 3 | | purposes.
| 4 | | (t) The Department shall perform home studies and | 5 | | investigations and
shall exercise supervision over visitation | 6 | | as ordered by a court pursuant
to the Illinois Marriage and | 7 | | Dissolution of Marriage Act or the Adoption
Act only if:
| 8 | | (1) an order entered by an Illinois court specifically
| 9 | | directs the Department to perform such services; and
| 10 | | (2) the court has ordered one or both of the parties to
| 11 | | the proceeding to reimburse the Department for its | 12 | | reasonable costs for
providing such services in accordance | 13 | | with Department rules, or has
determined that neither party | 14 | | is financially able to pay.
| 15 | | The Department shall provide written notification to the | 16 | | court of the
specific arrangements for supervised visitation | 17 | | and projected monthly costs
within 60 days of the court order. | 18 | | The Department shall send to the court
information related to | 19 | | the costs incurred except in cases where the court
has | 20 | | determined the parties are financially unable to pay. The court | 21 | | may
order additional periodic reports as appropriate.
| 22 | | (u) In addition to other information that must be provided, | 23 | | whenever the Department places a child with a prospective | 24 | | adoptive parent or parents or in a licensed foster home,
group | 25 | | home, child care institution, or in a relative home, the | 26 | | Department
shall provide to the prospective adoptive parent or |
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| 1 | | parents or other caretaker:
| 2 | | (1) available detailed information concerning the | 3 | | child's educational
and health history, copies of | 4 | | immunization records (including insurance
and medical card | 5 | | information), a history of the child's previous | 6 | | placements,
if any, and reasons for placement changes | 7 | | excluding any information that
identifies or reveals the | 8 | | location of any previous caretaker;
| 9 | | (2) a copy of the child's portion of the client service | 10 | | plan, including
any visitation arrangement, and all | 11 | | amendments or revisions to it as
related to the child; and
| 12 | | (3) information containing details of the child's | 13 | | individualized
educational plan when the child is | 14 | | receiving special education services.
| 15 | | The caretaker shall be informed of any known social or | 16 | | behavioral
information (including, but not limited to, | 17 | | criminal background, fire
setting, perpetuation of
sexual | 18 | | abuse, destructive behavior, and substance abuse) necessary to | 19 | | care
for and safeguard the children to be placed or currently | 20 | | in the home. The Department may prepare a written summary of | 21 | | the information required by this paragraph, which may be | 22 | | provided to the foster or prospective adoptive parent in | 23 | | advance of a placement. The foster or prospective adoptive | 24 | | parent may review the supporting documents in the child's file | 25 | | in the presence of casework staff. In the case of an emergency | 26 | | placement, casework staff shall at least provide known |
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| 1 | | information verbally, if necessary, and must subsequently | 2 | | provide the information in writing as required by this | 3 | | subsection.
| 4 | | The information described in this subsection shall be | 5 | | provided in writing. In the case of emergency placements when | 6 | | time does not allow prior review, preparation, and collection | 7 | | of written information, the Department shall provide such | 8 | | information as it becomes available. Within 10 business days | 9 | | after placement, the Department shall obtain from the | 10 | | prospective adoptive parent or parents or other caretaker a | 11 | | signed verification of receipt of the information provided. | 12 | | Within 10 business days after placement, the Department shall | 13 | | provide to the child's guardian ad litem a copy of the | 14 | | information provided to the prospective adoptive parent or | 15 | | parents or other caretaker. The information provided to the | 16 | | prospective adoptive parent or parents or other caretaker shall | 17 | | be reviewed and approved regarding accuracy at the supervisory | 18 | | level.
| 19 | | (u-5) Effective July 1, 1995, only foster care placements | 20 | | licensed as
foster family homes pursuant to the Child Care Act | 21 | | of 1969 shall be eligible to
receive foster care payments from | 22 | | the Department.
Relative caregivers who, as of July 1, 1995, | 23 | | were approved pursuant to approved
relative placement rules | 24 | | previously promulgated by the Department at 89 Ill.
Adm. Code | 25 | | 335 and had submitted an application for licensure as a foster | 26 | | family
home may continue to receive foster care payments only |
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| 1 | | until the Department
determines that they may be licensed as a | 2 | | foster family home or that their
application for licensure is | 3 | | denied or until September 30, 1995, whichever
occurs first.
| 4 | | (v) The Department shall access criminal history record | 5 | | information
as defined in the Illinois Uniform Conviction | 6 | | Information Act and information
maintained in the adjudicatory | 7 | | and dispositional record system as defined in
Section 2605-355 | 8 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| 9 | | if the Department determines the information is necessary to | 10 | | perform its duties
under the Abused and Neglected Child | 11 | | Reporting Act, the Child Care Act of 1969,
and the Children and | 12 | | Family Services Act. The Department shall provide for
| 13 | | interactive computerized communication and processing | 14 | | equipment that permits
direct on-line communication with the | 15 | | Department of State Police's central
criminal history data | 16 | | repository. The Department shall comply with all
certification | 17 | | requirements and provide certified operators who have been
| 18 | | trained by personnel from the Department of State Police. In | 19 | | addition, one
Office of the Inspector General investigator | 20 | | shall have training in the use of
the criminal history | 21 | | information access system and have
access to the terminal. The | 22 | | Department of Children and Family Services and its
employees | 23 | | shall abide by rules and regulations established by the | 24 | | Department of
State Police relating to the access and | 25 | | dissemination of
this information.
| 26 | | (v-1) Prior to final approval for placement of a child, the |
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| 1 | | Department shall conduct a criminal records background check of | 2 | | the prospective foster or adoptive parent, including | 3 | | fingerprint-based checks of national crime information | 4 | | databases. Final approval for placement shall not be granted if | 5 | | the record check reveals a felony conviction for child abuse or | 6 | | neglect, for spousal abuse, for a crime against children, or | 7 | | for a crime involving violence, including rape, sexual assault, | 8 | | or homicide, but not including other physical assault or | 9 | | battery, or if there is a felony conviction for physical | 10 | | assault, battery, or a drug-related offense committed within | 11 | | the past 5 years. | 12 | | (v-2) Prior to final approval for placement of a child, the | 13 | | Department shall check its child abuse and neglect registry for | 14 | | information concerning prospective foster and adoptive | 15 | | parents, and any adult living in the home. If any prospective | 16 | | foster or adoptive parent or other adult living in the home has | 17 | | resided in another state in the preceding 5 years, the | 18 | | Department shall request a check of that other state's child | 19 | | abuse and neglect registry.
| 20 | | (w) Within 120 days of August 20, 1995 (the effective date | 21 | | of Public Act
89-392), the Department shall prepare and submit | 22 | | to the Governor and the
General Assembly, a written plan for | 23 | | the development of in-state licensed
secure child care | 24 | | facilities that care for children who are in need of secure
| 25 | | living
arrangements for their health, safety, and well-being. | 26 | | For purposes of this
subsection, secure care facility shall |
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| 1 | | mean a facility that is designed and
operated to ensure that | 2 | | all entrances and exits from the facility, a building
or a | 3 | | distinct part of the building, are under the exclusive control | 4 | | of the
staff of the facility, whether or not the child has the | 5 | | freedom of movement
within the perimeter of the facility, | 6 | | building, or distinct part of the
building. The plan shall | 7 | | include descriptions of the types of facilities that
are needed | 8 | | in Illinois; the cost of developing these secure care | 9 | | facilities;
the estimated number of placements; the potential | 10 | | cost savings resulting from
the movement of children currently | 11 | | out-of-state who are projected to be
returned to Illinois; the | 12 | | necessary geographic distribution of these
facilities in | 13 | | Illinois; and a proposed timetable for development of such
| 14 | | facilities. | 15 | | (x) The Department shall conduct annual credit history | 16 | | checks to determine the financial history of children placed | 17 | | under its guardianship pursuant to the Juvenile Court Act of | 18 | | 1987. The Department shall conduct such credit checks starting | 19 | | when a youth in care turns 12 years old and each year | 20 | | thereafter for the duration of the guardianship as terminated | 21 | | pursuant to the Juvenile Court Act of 1987. The Department | 22 | | shall determine if financial exploitation of the child's | 23 | | personal information has occurred. If financial exploitation | 24 | | appears to have taken place or is presently ongoing, the | 25 | | Department shall notify the proper law enforcement agency, the | 26 | | proper State's Attorney, or the Attorney General. |
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| 1 | | (y) Beginning on July 22, 2010 ( the effective date of | 2 | | Public Act 96-1189) this amendatory Act of the 96th General | 3 | | Assembly , a child with a disability who receives residential | 4 | | and educational services from the Department shall be eligible | 5 | | to receive transition services in accordance with Article 14 of | 6 | | the School Code from the age of 14.5 through age 21, inclusive, | 7 | | notwithstanding the child's residential services arrangement. | 8 | | For purposes of this subsection, "child with a disability" | 9 | | means a child with a disability as defined by the federal | 10 | | Individuals with Disabilities Education Improvement Act of | 11 | | 2004. | 12 | | (z) The Department shall access criminal history record | 13 | | information as defined as "background information" in this | 14 | | subsection and criminal history record information as defined | 15 | | in the Illinois Uniform Conviction Information Act for each | 16 | | Department employee or Department applicant. Each Department | 17 | | employee or Department applicant shall submit his or her | 18 | | fingerprints to the Department of State Police in the form and | 19 | | manner prescribed by the Department of State Police. These | 20 | | fingerprints shall be checked against the fingerprint records | 21 | | now and hereafter filed in the Department of State Police and | 22 | | the Federal Bureau of Investigation criminal history records | 23 | | databases. The Department of State Police shall charge a fee | 24 | | for conducting the criminal history record check, which shall | 25 | | be deposited into the State Police Services Fund and shall not | 26 | | exceed the actual cost of the record check. The Department of |
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| 1 | | State Police shall furnish, pursuant to positive | 2 | | identification, all Illinois conviction information to the | 3 | | Department of Children and Family Services. | 4 | | For purposes of this subsection: | 5 | | "Background information" means all of the following: | 6 | | (i) Upon the request of the Department of Children and | 7 | | Family Services, conviction information obtained from the | 8 | | Department of State Police as a result of a | 9 | | fingerprint-based criminal history records check of the | 10 | | Illinois criminal history records database and the Federal | 11 | | Bureau of Investigation criminal history records database | 12 | | concerning a Department employee or Department applicant. | 13 | | (ii) Information obtained by the Department of | 14 | | Children and Family Services after performing a check of | 15 | | the Department of State Police's Sex Offender Database, as | 16 | | authorized by Section 120 of the Sex Offender Community | 17 | | Notification Law, concerning a Department employee or | 18 | | Department applicant. | 19 | | (iii) Information obtained by the Department of | 20 | | Children and Family Services after performing a check of | 21 | | the Child Abuse and Neglect Tracking System (CANTS) | 22 | | operated and maintained by the Department. | 23 | | "Department employee" means a full-time or temporary | 24 | | employee coded or certified within the State of Illinois | 25 | | Personnel System. | 26 | | "Department applicant" means an individual who has |
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| 1 | | conditional Department full-time or part-time work, a | 2 | | contractor, an individual used to replace or supplement staff, | 3 | | an academic intern, a volunteer in Department offices or on | 4 | | Department contracts, a work-study student, an individual or | 5 | | entity licensed by the Department, or an unlicensed service | 6 | | provider who works as a condition of a contract or an agreement | 7 | | and whose work may bring the unlicensed service provider into | 8 | | contact with Department clients or client records. | 9 | | (Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; | 10 | | 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised | 11 | | 1-22-18.) | 12 | | Section 10. The Juvenile Court Act of 1987 is amended by | 13 | | changing Section 2-28 as follows:
| 14 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 15 | | Sec. 2-28. Court review.
| 16 | | (1) The court may require any legal custodian or guardian | 17 | | of the person
appointed under this Act to report periodically | 18 | | to the court or may cite
him into court and require him or his | 19 | | agency, to make a full and
accurate report of his or its doings | 20 | | in behalf of the minor. The
custodian or guardian, within 10 | 21 | | days after such citation, or earlier if the court determines it | 22 | | to be necessary to protect the health, safety, or welfare of | 23 | | the minor, shall make
the report, either in writing verified by | 24 | | affidavit or orally under oath
in open court, or otherwise as |
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| 1 | | the court directs. Upon the hearing of
the report the court may | 2 | | remove the custodian or guardian and appoint
another in his | 3 | | stead or restore the minor to the custody of his parents
or | 4 | | former guardian or custodian. However, custody of the minor | 5 | | shall
not be restored to any parent, guardian or legal | 6 | | custodian in any case
in which the minor is found to be | 7 | | neglected or abused under Section 2-3 or
dependent under | 8 | | Section 2-4 of this
Act, unless the minor can be cared for at | 9 | | home without endangering the
minor's health or safety and it is | 10 | | in the best interests of the minor, and
if such neglect,
abuse, | 11 | | or dependency is found by the court under paragraph (1)
of | 12 | | Section 2-21 of
this Act to have come about due to the acts or | 13 | | omissions or both of such
parent, guardian
or legal custodian, | 14 | | until such time as an investigation is made as provided in
| 15 | | paragraph (5) and a hearing is held on the issue of the fitness | 16 | | of such parent,
guardian or legal custodian to care for the | 17 | | minor and the court enters an order
that such parent, guardian | 18 | | or legal custodian is fit to care for the minor.
| 19 | | (1.5) The public agency that is the custodian or guardian | 20 | | of the minor shall file a written report with the court no | 21 | | later than 15 days after a minor in the agency's care remains: | 22 | | (1) in a shelter placement beyond 30 days; | 23 | | (2) in a psychiatric hospital past the time when the | 24 | | minor is clinically ready for discharge or beyond medical | 25 | | necessity for the minor's health; or | 26 | | (3) in a detention center or Department of Juvenile |
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| 1 | | Justice facility solely because the public agency cannot | 2 | | find an appropriate placement for the minor. | 3 | | The report shall explain the steps the agency is taking to | 4 | | ensure the minor is placed appropriately, how the minor's needs | 5 | | are being met in the minor's shelter placement, and if a future | 6 | | placement has been identified by the Department, why the | 7 | | anticipated placement is appropriate for the needs of the minor | 8 | | and the anticipated placement date. | 9 | | (2) The first permanency hearing shall be
conducted by the | 10 | | judge. Subsequent permanency hearings may be
heard by a judge | 11 | | or by hearing officers appointed or approved by the court in
| 12 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 13 | | hearing shall be held (a) within 12 months from the date
| 14 | | temporary
custody was taken, regardless of whether an | 15 | | adjudication or dispositional hearing has been completed | 16 | | within that time frame, (b) if the parental rights of both | 17 | | parents have been
terminated in accordance with the procedure | 18 | | described in subsection (5) of
Section 2-21, within
30 days of | 19 | | the order for termination of parental rights and appointment of
| 20 | | a guardian with power to consent to adoption, or (c) in | 21 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 22 | | permanency hearings
shall be held every 6 months
or more | 23 | | frequently if necessary in the court's determination following | 24 | | the
initial permanency hearing, in accordance with the | 25 | | standards set forth in this
Section, until the court determines | 26 | | that the plan and goal have been achieved.
Once the plan and |
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| 1 | | goal have been achieved, if the minor remains in substitute
| 2 | | care, the case shall be reviewed at least every 6 months | 3 | | thereafter, subject to
the provisions of this Section, unless | 4 | | the minor is placed in the guardianship
of a suitable relative | 5 | | or other person and the court determines that further
| 6 | | monitoring by the court does not further the health, safety or | 7 | | best interest of
the child and that this is a stable permanent | 8 | | placement.
The permanency hearings must occur within the time | 9 | | frames set forth in this
subsection and may not be delayed in | 10 | | anticipation of a report from any source or due to the agency's | 11 | | failure to timely file its written report (this
written report | 12 | | means the one required under the next paragraph and does not
| 13 | | mean the service plan also referred to in that paragraph).
| 14 | | The public agency that is the custodian or guardian of the | 15 | | minor, or another
agency responsible for the minor's care, | 16 | | shall ensure that all parties to the
permanency hearings are | 17 | | provided a copy of the most recent
service plan prepared within | 18 | | the prior 6 months
at least 14 days in advance of the hearing. | 19 | | If not contained in the agency's service plan, the
agency shall | 20 | | also include a report setting forth (i) any special
physical, | 21 | | psychological, educational, medical, emotional, or other needs | 22 | | of the
minor or his or her family that are relevant to a | 23 | | permanency or placement
determination and (ii) for any minor | 24 | | age 16 or over, a written description of
the programs and | 25 | | services that will enable the minor to prepare for independent
| 26 | | living. If not contained in the agency's service plan, the |
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| 1 | | agency's report shall specify if a minor is placed in a | 2 | | licensed child care facility under a corrective plan by the | 3 | | Department due to concerns impacting the minor's safety and | 4 | | well-being. The report shall explain the steps the Department | 5 | | is taking to ensure the safety and well-being of the minor and | 6 | | that the minor's needs are met in the facility. The agency's | 7 | | written report must detail what progress or lack of
progress | 8 | | the parent has made in correcting the conditions requiring the | 9 | | child
to be in care; whether the child can be returned home | 10 | | without jeopardizing the
child's health, safety, and welfare, | 11 | | and if not, what permanency goal is
recommended to be in the | 12 | | best interests of the child, and why the other
permanency goals | 13 | | are not appropriate. The caseworker must appear and testify
at | 14 | | the permanency hearing. If a permanency hearing has not | 15 | | previously been
scheduled by the court, the moving party shall | 16 | | move for the setting of a
permanency hearing and the entry of | 17 | | an order within the time frames set forth
in this subsection.
| 18 | | At the permanency hearing, the court shall determine the | 19 | | future status
of the child. The court shall set one of the | 20 | | following permanency goals:
| 21 | | (A) The minor will be returned home by a specific date | 22 | | within 5
months.
| 23 | | (B) The minor will be in short-term care with a
| 24 | | continued goal to return home within a period not to exceed | 25 | | one
year, where the progress of the parent or parents is | 26 | | substantial giving
particular consideration to the age and |
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| 1 | | individual needs of the minor.
| 2 | | (B-1) The minor will be in short-term care with a | 3 | | continued goal to return
home pending a status hearing. | 4 | | When the court finds that a parent has not made
reasonable | 5 | | efforts or reasonable progress to date, the court shall | 6 | | identify
what actions the parent and the Department must | 7 | | take in order to justify a
finding of reasonable efforts or | 8 | | reasonable progress and shall set a status
hearing to be | 9 | | held not earlier than 9 months from the date of | 10 | | adjudication nor
later than 11 months from the date of | 11 | | adjudication during which the parent's
progress will again | 12 | | be reviewed.
| 13 | | (C) The minor will be in substitute care pending court
| 14 | | determination on termination of parental rights.
| 15 | | (D) Adoption, provided that parental rights have been | 16 | | terminated or
relinquished.
| 17 | | (E) The guardianship of the minor will be transferred | 18 | | to an individual or
couple on a permanent basis provided | 19 | | that goals (A) through (D) have
been ruled out.
| 20 | | (F) The minor over age 15 will be in substitute care | 21 | | pending
independence. In selecting this permanency goal, | 22 | | the Department of Children and Family Services may provide | 23 | | services to enable reunification and to strengthen the | 24 | | minor's connections with family, fictive kin, and other | 25 | | responsible adults, provided the services are in the | 26 | | minor's best interest. The services shall be documented in |
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| 1 | | the service plan.
| 2 | | (G) The minor will be in substitute care because he or | 3 | | she cannot be
provided for in a home environment due to | 4 | | developmental
disabilities or mental illness or because he | 5 | | or she is a danger to self or
others, provided that goals | 6 | | (A) through (D) have been ruled out.
| 7 | | In selecting any permanency goal, the court shall indicate | 8 | | in writing the
reasons the goal was selected and why the | 9 | | preceding goals were ruled out.
Where the court has selected a | 10 | | permanency goal other than (A), (B), or (B-1),
the
Department | 11 | | of Children and Family Services shall not provide further
| 12 | | reunification services, except as provided in paragraph (F) of | 13 | | this subsection (2), but shall provide services
consistent with | 14 | | the goal
selected.
| 15 | | (H) Notwithstanding any other provision in this | 16 | | Section, the court may select the goal of continuing foster | 17 | | care as a permanency goal if: | 18 | | (1) The Department of Children and Family Services | 19 | | has custody and guardianship of the minor; | 20 | | (2) The court has ruled out all other permanency | 21 | | goals based on the child's best interest;
| 22 | | (3) The court has found compelling reasons, based | 23 | | on written documentation reviewed by the court, to | 24 | | place the minor in continuing foster care. Compelling | 25 | | reasons include:
| 26 | | (a) the child does not wish to be adopted or to |
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| 1 | | be placed in the guardianship of his or her | 2 | | relative or foster care placement;
| 3 | | (b) the child exhibits an extreme level of need | 4 | | such that the removal of the child from his or her | 5 | | placement would be detrimental to the child; or
| 6 | | (c) the child who is the subject of the | 7 | | permanency hearing has existing close and strong | 8 | | bonds with a sibling, and achievement of another | 9 | | permanency goal would substantially interfere with | 10 | | the subject child's sibling relationship, taking | 11 | | into consideration the nature and extent of the | 12 | | relationship, and whether ongoing contact is in | 13 | | the subject child's best interest, including | 14 | | long-term emotional interest, as compared with the | 15 | | legal and emotional benefit of permanence;
| 16 | | (4) The child has lived with the relative or foster | 17 | | parent for at least one year; and
| 18 | | (5) The relative or foster parent currently caring | 19 | | for the child is willing and capable of providing the | 20 | | child with a stable and permanent environment. | 21 | | The court shall set a
permanency
goal that is in the best | 22 | | interest of the child. In determining that goal, the court | 23 | | shall consult with the minor in an age-appropriate manner | 24 | | regarding the proposed permanency or transition plan for the | 25 | | minor. The court's determination
shall include the following | 26 | | factors:
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| 1 | | (1) Age of the child.
| 2 | | (2) Options available for permanence, including both | 3 | | out-of-State and in-State placement options.
| 4 | | (3) Current placement of the child and the intent of | 5 | | the family regarding
adoption.
| 6 | | (4) Emotional, physical, and mental status or | 7 | | condition of the child.
| 8 | | (5) Types of services previously offered and whether or | 9 | | not
the services were successful and, if not successful, | 10 | | the reasons the services
failed.
| 11 | | (6) Availability of services currently needed and | 12 | | whether the services
exist.
| 13 | | (7) Status of siblings of the minor.
| 14 | | The court shall consider (i) the permanency goal contained | 15 | | in the service
plan, (ii) the appropriateness of the
services | 16 | | contained in the plan and whether those services have been
| 17 | | provided, (iii) whether reasonable efforts have been made by | 18 | | all
the parties to the service plan to achieve the goal, and | 19 | | (iv) whether the plan
and goal have been achieved. All evidence
| 20 | | relevant to determining these questions, including oral and | 21 | | written reports,
may be admitted and may be relied on to the | 22 | | extent of their probative value.
| 23 | | The court shall make findings as to whether, in violation | 24 | | of Section 8.2 of the Abused and Neglected Child Reporting Act, | 25 | | any portion of the service plan compels a child or parent to | 26 | | engage in any activity or refrain from any activity that is not |
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| 1 | | reasonably related to remedying a condition or conditions that | 2 | | gave rise or which could give rise to any finding of child | 3 | | abuse or neglect. The services contained in the service plan | 4 | | shall include services reasonably related to remedy the | 5 | | conditions that gave rise to removal of the child from the home | 6 | | of his or her parents, guardian, or legal custodian or that the | 7 | | court has found must be remedied prior to returning the child | 8 | | home. Any tasks the court requires of the parents, guardian, or | 9 | | legal custodian or child prior to returning the child home, | 10 | | must be reasonably related to remedying a condition or | 11 | | conditions that gave rise to or which could give rise to any | 12 | | finding of child abuse or neglect. | 13 | | If the permanency goal is to return home, the court shall | 14 | | make findings that identify any problems that are causing | 15 | | continued placement of the children away from the home and | 16 | | identify what outcomes would be considered a resolution to | 17 | | these problems. The court shall explain to the parents that | 18 | | these findings are based on the information that the court has | 19 | | at that time and may be revised, should additional evidence be | 20 | | presented to the court. | 21 | | The court shall review the Sibling Contact Support Plan | 22 | | developed or modified under subsection (f) of Section 7.4 of | 23 | | the Children and Family Services Act, if applicable. If the | 24 | | Department has not convened a meeting to
develop or modify a | 25 | | Sibling Contact Support Plan, or if the court finds that the | 26 | | existing Plan
is not in the child's best interest, the court |
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| 1 | | may enter an order requiring the Department to
develop, modify | 2 | | or implement a Sibling Contact Support Plan, or order | 3 | | mediation. | 4 | | If the goal has been achieved, the court shall enter orders | 5 | | that are
necessary to conform the minor's legal custody and | 6 | | status to those findings.
| 7 | | If, after receiving evidence, the court determines that the | 8 | | services
contained in the plan are not reasonably calculated to | 9 | | facilitate achievement
of the permanency goal, the court shall | 10 | | put in writing the factual basis
supporting the determination | 11 | | and enter specific findings based on the evidence.
The court | 12 | | also shall enter an order for the Department to develop and
| 13 | | implement a new service plan or to implement changes to the | 14 | | current service
plan consistent with the court's findings. The | 15 | | new service plan shall be filed
with the court and served on | 16 | | all parties within 45 days of the date of the
order. The court | 17 | | shall continue the matter until the new service plan is
filed. | 18 | | Except as authorized by subsection (2.5) of this Section and as | 19 | | otherwise specifically authorized by law, the court is not | 20 | | empowered under this Section to order specific placements, | 21 | | specific services, or specific service providers to be included | 22 | | in the service plan.
| 23 | | A guardian or custodian appointed by the court pursuant to | 24 | | this Act shall
file updated case plans with the court every 6 | 25 | | months.
| 26 | | Rights of wards of the court under this Act are enforceable |
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| 1 | | against
any public agency by complaints for relief by mandamus | 2 | | filed in any
proceedings brought under this Act.
| 3 | | (2.5) If, after reviewing the evidence, including evidence | 4 | | from the Department, the court determines that the minor's | 5 | | current or planned placement is not necessary or appropriate to | 6 | | facilitate achievement of the permanency goal, the court shall | 7 | | put in writing the factual basis supporting its determination | 8 | | and enter specific findings based on the evidence. If the court | 9 | | finds that the minor's current or planned placement is not | 10 | | necessary or appropriate, the court may enter an order | 11 | | directing the Department to implement a recommendation by the | 12 | | minor's treating clinician or a clinician contracted by the | 13 | | Department to evaluate the minor or a recommendation made by | 14 | | the Department. If the Department places a minor in a placement | 15 | | under an order entered under this subsection (2.5), the | 16 | | Department has the authority to remove the minor from that | 17 | | placement when a change in circumstances necessitates the | 18 | | removal to protect the minor's health, safety, and best | 19 | | interest. If the Department determines removal is necessary, | 20 | | the Department shall notify the parties of the planned | 21 | | placement change in writing no later than 10 days prior to the | 22 | | implementation of its determination unless remaining in the | 23 | | placement poses an imminent risk of harm to the minor, in which | 24 | | case the Department shall notify the parties of the placement | 25 | | change in writing immediately following the implementation of | 26 | | its decision. The Department shall notify others of the |
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| 1 | | decision to change the minor's placement as required by | 2 | | Department rule. | 3 | | (3) Following the permanency hearing, the court shall enter | 4 | | a written order
that includes the determinations required under | 5 | | subsection (2) of this
Section and sets forth the following:
| 6 | | (a) The future status of the minor, including the | 7 | | permanency goal, and
any order necessary to conform the | 8 | | minor's legal custody and status to such
determination; or
| 9 | | (b) If the permanency goal of the minor cannot be | 10 | | achieved immediately,
the specific reasons for continuing | 11 | | the minor in the care of the Department of
Children and | 12 | | Family Services or other agency for short term placement, | 13 | | and the
following determinations:
| 14 | | (i) (Blank).
| 15 | | (ii) Whether the services required by the court
and | 16 | | by any service plan prepared within the prior 6 months
| 17 | | have been provided and (A) if so, whether the services | 18 | | were reasonably
calculated to facilitate the | 19 | | achievement of the permanency goal or (B) if not
| 20 | | provided, why the services were not provided.
| 21 | | (iii) Whether the minor's current or planned | 22 | | placement current or planned is necessary, and | 23 | | appropriate to the
plan and goal, recognizing the right | 24 | | of minors to the least restrictive (most
family-like) | 25 | | setting available and in close proximity to the | 26 | | parents' home
consistent with the health, safety, best |
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| 1 | | interest and special needs of the
minor and, if the | 2 | | minor is placed out-of-State, whether the out-of-State
| 3 | | placement continues to be appropriate and consistent | 4 | | with the health, safety,
and best interest of the | 5 | | minor.
| 6 | | (iv) (Blank).
| 7 | | (v) (Blank).
| 8 | | (4) The minor or any person interested in the minor may | 9 | | apply to the
court for a change in custody of the minor and the | 10 | | appointment of a new
custodian or guardian of the person or for | 11 | | the restoration of the minor
to the custody of his parents or | 12 | | former guardian or custodian.
| 13 | | When return home is not selected as the permanency goal:
| 14 | | (a) The Department, the minor, or the current
foster | 15 | | parent or relative
caregiver seeking private guardianship | 16 | | may file a motion for private
guardianship of the minor. | 17 | | Appointment of a guardian under this Section
requires | 18 | | approval of the court.
| 19 | | (b) The State's Attorney may file a motion to terminate | 20 | | parental rights of
any parent who has failed to make | 21 | | reasonable efforts to correct the conditions
which led to | 22 | | the removal of the child or reasonable progress toward the | 23 | | return
of the child, as defined in subdivision (D)(m) of | 24 | | Section 1 of the Adoption Act
or for whom any other | 25 | | unfitness ground for terminating parental rights as
| 26 | | defined in subdivision (D) of Section 1 of the Adoption Act |
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| 1 | | exists. | 2 | | When parental rights have been terminated for a minimum | 3 | | of 3 years and the child who is the subject of the | 4 | | permanency hearing is 13 years old or older and is not | 5 | | currently placed in a placement likely to achieve | 6 | | permanency, the Department of
Children and Family Services | 7 | | shall make reasonable efforts to locate parents whose | 8 | | rights have been terminated, except when the Court | 9 | | determines that those efforts would be futile or | 10 | | inconsistent with the subject child's best interests. The | 11 | | Department of
Children and Family Services shall assess the | 12 | | appropriateness of the parent whose rights have been | 13 | | terminated, and shall, as appropriate, foster and support | 14 | | connections between the parent whose rights have been | 15 | | terminated and the youth. The Department of
Children and | 16 | | Family Services shall document its determinations and | 17 | | efforts to foster connections in the child's case plan.
| 18 | | Custody of the minor shall not be restored to any parent, | 19 | | guardian or legal
custodian in any case in which the minor is | 20 | | found to be neglected or abused
under Section 2-3 or dependent | 21 | | under Section 2-4 of this Act, unless the
minor can be cared | 22 | | for at home
without endangering his or her health or safety and | 23 | | it is in the best
interest of the minor,
and if such neglect, | 24 | | abuse, or dependency is found by the court
under paragraph (1) | 25 | | of Section 2-21 of this Act to have come
about due to the acts | 26 | | or omissions or both of such parent, guardian or legal
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| 1 | | custodian, until such time as an investigation is made as | 2 | | provided in
paragraph (5) and a hearing is held on the issue of | 3 | | the health,
safety and
best interest of the minor and the | 4 | | fitness of such
parent, guardian or legal custodian to care for | 5 | | the minor and the court
enters an order that such parent, | 6 | | guardian or legal custodian is fit to
care for the minor. In | 7 | | the event that the minor has attained 18 years
of age and the | 8 | | guardian or custodian petitions the court for an order
| 9 | | terminating his guardianship or custody, guardianship or | 10 | | custody shall
terminate automatically 30 days after the receipt | 11 | | of the petition unless
the court orders otherwise. No legal | 12 | | custodian or guardian of the
person may be removed without his | 13 | | consent until given notice and an
opportunity to be heard by | 14 | | the court.
| 15 | | When the court orders a child restored to the custody of | 16 | | the parent or
parents, the court shall order the parent or | 17 | | parents to cooperate with the
Department of Children and Family | 18 | | Services and comply with the terms of an
after-care plan, or | 19 | | risk the loss of custody of the child and possible
termination | 20 | | of their parental rights. The court may also enter an order of
| 21 | | protective supervision in accordance with Section 2-24.
| 22 | | (5) Whenever a parent, guardian, or legal custodian files a | 23 | | motion for
restoration of custody of the minor, and the minor | 24 | | was adjudicated
neglected, abused, or dependent as a result of | 25 | | physical abuse,
the court shall cause to be
made an | 26 | | investigation as to whether the movant has ever been charged
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| 1 | | with or convicted of any criminal offense which would indicate | 2 | | the
likelihood of any further physical abuse to the minor. | 3 | | Evidence of such
criminal convictions shall be taken into | 4 | | account in determining whether the
minor can be cared for at | 5 | | home without endangering his or her health or safety
and | 6 | | fitness of the parent, guardian, or legal custodian.
| 7 | | (a) Any agency of this State or any subdivision thereof | 8 | | shall
co-operate with the agent of the court in providing | 9 | | any information
sought in the investigation.
| 10 | | (b) The information derived from the investigation and | 11 | | any
conclusions or recommendations derived from the | 12 | | information shall be
provided to the parent, guardian, or | 13 | | legal custodian seeking restoration
of custody prior to the | 14 | | hearing on fitness and the movant shall have
an opportunity | 15 | | at the hearing to refute the information or contest its
| 16 | | significance.
| 17 | | (c) All information obtained from any investigation | 18 | | shall be confidential
as provided in Section 5-150 of this | 19 | | Act.
| 20 | | (Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17; | 21 | | 100-229, eff. 1-1-18; revised 10-10-17.)
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