Full Text of HB4304 102nd General Assembly
HB4304ham001 102ND GENERAL ASSEMBLY | Rep. Lakesia Collins Filed: 2/4/2022
| | 10200HB4304ham001 | | LRB102 19928 KTG 35566 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4304
| 2 | | AMENDMENT NO. ______. Amend House Bill 4304 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is | 5 | | amended by adding Sections 5.26 and 17a-16 as follows: | 6 | | (20 ILCS 505/5.26 new) | 7 | | Sec. 5.26. Foster children; exit interviews. | 8 | | (a) Unless clinically contraindicated, the Department | 9 | | shall ensure that an exit interview is conducted with every | 10 | | child age 5 and over who leaves a foster home. | 11 | | (1) The interview shall be conducted by a caseworker, | 12 | | mental health provider, or clinician from the Department's | 13 | | Division of Clinical Practice. | 14 | | (2) The interview shall be conducted within 5 days of | 15 | | the child's removal from the home. | 16 | | (3) The interviewer shall comply with the provisions |
| | | 10200HB4304ham001 | - 2 - | LRB102 19928 KTG 35566 a |
|
| 1 | | of the Abused and Neglected Child Reporting Act if the | 2 | | child discloses abuse or neglect as defined by that Act. | 3 | | (4) The interviewer shall immediately inform the | 4 | | licensing agency if the child discloses any information | 5 | | that would constitute a potential licensing violation. | 6 | | (5) Documentation of the interview shall be (i) | 7 | | maintained in the foster parent's licensing file, (ii) | 8 | | maintained in the child's case file, (iii) included in the | 9 | | service plan for the child, and (iv) and provided to the | 10 | | child's guardian ad litem and attorney appointed under | 11 | | Section 2-17 of the Juvenile Court Act of 1987. | 12 | | (6) The determination that an interview in compliance | 13 | | with this Section is clinically contraindicated shall be | 14 | | made by the caseworker, in consultation with the child's | 15 | | mental health provider, if any, and the caseworker's | 16 | | supervisor. If the child does not have a mental health | 17 | | provider, the caseworker shall request a consultation with | 18 | | the Department's Division of Clinical Practice regarding | 19 | | whether an interview is clinically contraindicated. The | 20 | | decision and the basis for the decision shall be | 21 | | documented in writing and shall be (i) maintained in the | 22 | | foster parent's licensing file, (ii) maintained in the | 23 | | child's case file, and (iii) attached as part of the | 24 | | service plan for the child. | 25 | | (7) The information gathered during the interview | 26 | | shall be dependent on the age and maturity of the child and |
| | | 10200HB4304ham001 | - 3 - | LRB102 19928 KTG 35566 a |
|
| 1 | | the circumstances of the child's removal. The | 2 | | interviewer's observations and any information relevant to | 3 | | understanding the child's responses shall be recorded on | 4 | | the interview form. At a minimum, the interview shall | 5 | | address the following areas: | 6 | | (A) How the child's basic needs were met in the | 7 | | home: who prepared food and was there sufficient food; | 8 | | whether the child had appropriate clothing; sleeping | 9 | | arrangements; supervision appropriate to the child's | 10 | | age and special needs; was the child enrolled in | 11 | | school, and did the child receive the support needed | 12 | | to complete his or her school work. | 13 | | (B) Access to caseworker, therapist, or guardian | 14 | | ad litem: whether the child was able to contact these | 15 | | professionals and how. | 16 | | (C) Safety and comfort in the home: how did the | 17 | | child feel in the home; was the foster parent | 18 | | affirming of the child's identity; did anything happen | 19 | | that made the child happy; did anything happen that | 20 | | was scary or sad; what happened when the child did | 21 | | something he or she should not have done; if relevant, | 22 | | how does the child think the foster parent felt about | 23 | | the child's family of origin, including parents and | 24 | | siblings; and was the foster parent supportive of the | 25 | | permanency goal. | 26 | | (D) Normalcy: whether the child felt included in |
| | | 10200HB4304ham001 | - 4 - | LRB102 19928 KTG 35566 a |
|
| 1 | | the family; whether the child participated in | 2 | | extracurricular activities; whether the foster parent | 3 | | participated in planning for the child, including | 4 | | child and family team meetings and school meetings. | 5 | | (b) The Department shall develop procedures, including an | 6 | | interview form, no later than January 1, 2023, to implement | 7 | | this Section. | 8 | | (c) Beginning July 1, 2023 and quarterly thereafter, the | 9 | | Department shall post on its webpage a report summarizing the | 10 | | details of the exit interviews. | 11 | | (20 ILCS 505/17a-16 new) | 12 | | Sec. 17a-16. Foster Care Investigative Reports Commission. | 13 | | (a) As used in this Section: | 14 | | "Commission" means the Foster Care Investigative Reports | 15 | | Commission. | 16 | | "Department" means the Department of Children and Family | 17 | | Services. | 18 | | "Director" means the Director of the Foster Care | 19 | | Investigative Reports Commission. | 20 | | (b) The Foster Care Investigative Reports Commission is | 21 | | created as an executive agency of State government to | 22 | | investigate all adverse reports submitted by foster parents to | 23 | | the Department of Children and Family Services concerning the | 24 | | children placed in their care. | 25 | | (c) The Commission shall consist of 9 members appointed by |
| | | 10200HB4304ham001 | - 5 - | LRB102 19928 KTG 35566 a |
|
| 1 | | the Governor with the advice and consent of the Senate. | 2 | | Members appointed to the Commission shall either (i) have a | 3 | | professional background in foster care services or a notable | 4 | | interest in foster care services or (ii) be a foster child or | 5 | | the adopted parent of a former foster child. The Commission | 6 | | shall elect its own chairperson on an annual basis. Commission | 7 | | members shall serve without compensation but may be reimbursed | 8 | | for expenses incurred in the performance of their duties. Each | 9 | | member shall serve a term of 2 years or until his or her | 10 | | successor is appointed. Vacancies shall be filled in the same | 11 | | manner as original appointments. The Commission shall meet | 12 | | quarterly at the call of the chairperson beginning as soon as | 13 | | practicable after the effective date of this amendatory Act of | 14 | | the 102nd General Assembly. | 15 | | (d) Subject to appropriation, the Commission shall hire a | 16 | | Director and staff to process and investigate all adverse | 17 | | reports referred by the Department to the Commission as | 18 | | provided in subsection (e). The Director and staff shall also | 19 | | carry out any other powers and duties of the Commission in | 20 | | accordance with this Section and the rules adopted by the | 21 | | Commission. All staff other than the Director shall be subject | 22 | | to the Personnel Code. | 23 | | (e) Every adverse report submitted by a licensed foster | 24 | | parent to the Department shall be sent to the Director for | 25 | | review. Upon receipt of an adverse report, the Director and | 26 | | his or her staff shall conduct an investigation to determine |
| | | 10200HB4304ham001 | - 6 - | LRB102 19928 KTG 35566 a |
|
| 1 | | whether the information and allegations set forth in the | 2 | | report are true or false. After the conclusion of the | 3 | | investigation, the Director shall report his or her findings | 4 | | and recommendations to the Commission in a written | 5 | | investigative summary report. The Commission shall review and | 6 | | consider the Director's findings and recommendations before | 7 | | making a final determination as to the foster parent's adverse | 8 | | report. If, after its review, the Commission determines by | 9 | | majority vote that there is sufficient evidence to believe | 10 | | that the foster parent's adverse report is false or | 11 | | inaccurate, the Commission shall issue a final written report | 12 | | that sets forth the specific reasons for why it determined the | 13 | | foster parent's report to be false or inaccurate. A copy of the | 14 | | Commission's final written report shall be sent to the | 15 | | Department to be filed with the foster child's official | 16 | | records. If, after its review, the Commission determines by | 17 | | majority vote that there is sufficient evidence to believe | 18 | | that the foster parent's adverse report it true or accurate, | 19 | | the Commission shall issue a written statement of its decision | 20 | | and send a copy of its written statement to the Department to | 21 | | be filed with the foster child's official records. | 22 | | (f) In the course of an investigation, the Director, the | 23 | | Director's staff, and the Commission may inspect and copy any | 24 | | materials relevant to the investigation that are in the | 25 | | possession of the Department. Any information obtained under | 26 | | this Section by the Director, the Director's staff, or the |
| | | 10200HB4304ham001 | - 7 - | LRB102 19928 KTG 35566 a |
|
| 1 | | Commission is confidential and may not be disclosed to any | 2 | | third party unless otherwise authorized by law. Any person who | 3 | | transmits confidential information in violation of this | 4 | | Section or causes the information to be transmitted in | 5 | | violation of this Section is guilty of a Class A misdemeanor | 6 | | unless the transmittal of the information is authorized by | 7 | | this Section or otherwise authorized by law. | 8 | | (g) The Commission shall prepare an annual report on its | 9 | | operations and submit the report to the Governor and the | 10 | | General Assembly. | 11 | | (h) The Commission shall adopt any rules necessary to | 12 | | implement the provisions of this Section. Rules adopted by the | 13 | | Commission shall be subject to the provisions of the Illinois | 14 | | Administrative Procedure Act. | 15 | | | 16 | | Section 10. The Child Care Act of 1969 is amended by | 17 | | changing Sections 2.22a and 4 as follows: | 18 | | (225 ILCS 10/2.22a) | 19 | | Sec. 2.22a. Quality of care concerns applicant. "Quality | 20 | | of care concerns applicant" means an applicant for a foster | 21 | | care license or renewal of a foster care license where the | 22 | | applicant or any person living in the applicant's household: | 23 | | (1) has had a license issued under this Act revoked; | 24 | | (2) has surrendered a license issued under this Act |
| | | 10200HB4304ham001 | - 8 - | LRB102 19928 KTG 35566 a |
|
| 1 | | for cause; | 2 | | (3) has had a license issued under this Act expire or | 3 | | has surrendered a license, while either an abuse or | 4 | | neglect investigation or licensing investigation was | 5 | | pending or an involuntary placement hold was placed on the | 6 | | home; | 7 | | (4) has been the subject of allegations of abuse or | 8 | | neglect; | 9 | | (5) has an indicated report of abuse or neglect; or | 10 | | (6) has been the subject of certain types of | 11 | | involuntary placement holds or has been involved in | 12 | | certain types of substantiated licensing complaints, as | 13 | | specified and defined by Department rule ; or .
| 14 | | (7) has requested a youth in care's removal from the | 15 | | home, either orally or in writing, on 5 or more occasions. | 16 | | (Source: P.A. 99-779, eff. 1-1-17 .)
| 17 | | (225 ILCS 10/4) (from Ch. 23, par. 2214)
| 18 | | Sec. 4. License requirement; application; notice.
| 19 | | (a) Any person, group of persons or corporation who or | 20 | | which
receives children or arranges for care or placement of | 21 | | one or more
children unrelated to the operator must apply for a | 22 | | license to operate
one of the types of facilities defined in | 23 | | Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any | 24 | | relative, as defined in Section 2.17 of this Act, who receives | 25 | | a child or children for placement by the
Department on a |
| | | 10200HB4304ham001 | - 9 - | LRB102 19928 KTG 35566 a |
|
| 1 | | full-time basis may apply for a license to operate a foster
| 2 | | family home as defined in Section 2.17 of this Act.
| 3 | | (a-5) Any agency, person, group of persons, association, | 4 | | organization, corporation, institution, center, or group | 5 | | providing adoption services must be licensed by the Department | 6 | | as a child welfare agency as defined in Section 2.08 of this | 7 | | Act. "Providing adoption services" as used in this Act, | 8 | | includes facilitating or engaging in adoption services.
| 9 | | (b) Application for a license
to operate a child care | 10 | | facility must be made to the Department in the manner
and on | 11 | | forms prescribed by it. An application to operate a foster | 12 | | family home
shall include, at a minimum: a completed written | 13 | | form; written authorization by
the applicant and all adult | 14 | | members of the applicant's household to conduct a
criminal | 15 | | background investigation; medical evidence in the form of a | 16 | | medical
report, on forms prescribed by the Department, that | 17 | | the applicant and all
members of the household are free from | 18 | | communicable diseases or physical and
mental conditions that | 19 | | affect their ability to provide care for the child or
| 20 | | children; the names and addresses of at least 3 persons not | 21 | | related to the
applicant who can attest to the applicant's | 22 | | moral character; the name and address of at least one relative | 23 | | who can attest to the applicant's capability to care for the | 24 | | child or children; and fingerprints
submitted by the applicant | 25 | | and all adult members of the applicant's household.
| 26 | | (b-5) Prior to submitting an application for a foster |
| | | 10200HB4304ham001 | - 10 - | LRB102 19928 KTG 35566 a |
|
| 1 | | family home license, a quality of care concerns applicant as | 2 | | defined in Section 2.22a of this Act must submit a preliminary | 3 | | application to the Department in the manner and on forms | 4 | | prescribed by it. The Department shall explain to the quality | 5 | | of care concerns applicant the grounds for requiring a | 6 | | preliminary application. The preliminary application shall | 7 | | include a list of (i) all children placed in the home by the | 8 | | Department who were removed by the Department for reasons | 9 | | other than returning to a parent and the circumstances under | 10 | | which they were removed and (ii) all children placed by the | 11 | | Department who were subsequently adopted by or placed in the | 12 | | private guardianship of the quality of care concerns applicant | 13 | | who are currently under 18 and who no longer reside in the home | 14 | | and the reasons why they no longer reside in the home. The | 15 | | preliminary application shall also include, if the quality of | 16 | | care concerns applicant chooses to submit, (1) a response to | 17 | | the quality of care concerns, including any reason the | 18 | | concerns are invalid, have been addressed or ameliorated, or | 19 | | no longer apply and (2) affirmative documentation | 20 | | demonstrating that the quality of care concerns applicant's | 21 | | home does not pose a risk to children and that the family will | 22 | | be able to meet the physical and emotional needs of children. | 23 | | The Department shall verify the information in the preliminary | 24 | | application and review (i) information regarding any prior | 25 | | licensing complaints, (ii) information regarding any prior | 26 | | child abuse or neglect investigations, and (iii) information |
| | | 10200HB4304ham001 | - 11 - | LRB102 19928 KTG 35566 a |
|
| 1 | | regarding any involuntary foster home holds placed on the home | 2 | | by the Department , and (iv) information regarding all child | 3 | | exit interviews, as provided in Section 5.26 of the Children | 4 | | and Family Services Act, regarding the home . Foster home | 5 | | applicants with quality of care concerns are presumed | 6 | | unsuitable for future licensure. | 7 | | Notwithstanding the provisions of this subsection (b-5), | 8 | | the Department may make an exception and issue a foster family | 9 | | license to a quality of care concerns applicant if the | 10 | | Department is satisfied that the foster family home does not | 11 | | pose a risk to children and that the foster family will be able | 12 | | to meet the physical and emotional needs of children. In | 13 | | making this determination, the Department must obtain and | 14 | | carefully review all relevant documents and shall obtain | 15 | | consultation from its Clinical Division as appropriate and as | 16 | | prescribed by Department rule and procedure. The Department | 17 | | has the authority to deny a preliminary application based on | 18 | | the record of quality of care concerns of the foster family | 19 | | home. In the alternative, the Department may (i) approve the | 20 | | preliminary application, (ii) approve the preliminary | 21 | | application subject to obtaining additional information or | 22 | | assessments, or (iii) approve the preliminary application for | 23 | | purposes of placing a particular child or children only in the | 24 | | foster family home. If the Department approves a preliminary | 25 | | application, the foster family shall submit an application for | 26 | | licensure as described in subsection (b) of this Section. The |
| | | 10200HB4304ham001 | - 12 - | LRB102 19928 KTG 35566 a |
|
| 1 | | Department shall notify the quality of care concerns applicant | 2 | | of its decision and the basis for its decision in writing. | 3 | | (c) The Department shall notify the public when a child | 4 | | care institution,
maternity center, or group home licensed by | 5 | | the Department undergoes a change
in (i) the range of care or | 6 | | services offered at the facility, (ii) the age or
type of | 7 | | children served, or (iii) the area within the facility used by
| 8 | | children. The Department shall notify the public of the change | 9 | | in a newspaper
of general
circulation in the county or | 10 | | municipality in which the applicant's facility is
or is | 11 | | proposed to be located.
| 12 | | (d) If, upon examination of the facility and investigation | 13 | | of persons
responsible
for care of children and, in the case of | 14 | | a foster home, taking into account information obtained for | 15 | | purposes of evaluating a preliminary application, if | 16 | | applicable, the Department is satisfied that the facility and
| 17 | | responsible persons reasonably meet standards prescribed for | 18 | | the type of
facility for which application is made, it shall | 19 | | issue a license in proper
form, designating on that license | 20 | | the type of child care facility and, except
for a child welfare | 21 | | agency, the number of children to be served at any one
time.
| 22 | | (e) The Department shall not issue or renew the license of | 23 | | any child welfare agency providing adoption services, unless | 24 | | the agency (i) is officially recognized by the United States | 25 | | Internal Revenue Service as a tax-exempt organization | 26 | | described in Section 501(c)(3) of the Internal Revenue Code of |
| | | 10200HB4304ham001 | - 13 - | LRB102 19928 KTG 35566 a |
|
| 1 | | 1986 (or any successor provision of federal tax law) and (ii) | 2 | | is in compliance with all of the standards necessary to | 3 | | maintain its status as an organization described in Section | 4 | | 501(c)(3) of the Internal Revenue Code of 1986 (or any | 5 | | successor provision of federal tax law). The Department shall | 6 | | grant a grace period of 24 months from the effective date of | 7 | | this amendatory Act of the 94th General Assembly for existing | 8 | | child welfare agencies providing adoption services to obtain | 9 | | 501(c)(3) status. The Department shall permit an existing | 10 | | child welfare agency that converts from its current structure | 11 | | in order to be recognized as a 501(c)(3) organization as | 12 | | required by this Section to either retain its current license | 13 | | or transfer its current license to a newly formed entity, if | 14 | | the creation of a new entity is required in order to comply | 15 | | with this Section, provided that the child welfare agency | 16 | | demonstrates that it continues to meet all other licensing | 17 | | requirements and that the principal officers and directors and | 18 | | programs of the converted child welfare agency or newly | 19 | | organized child welfare agency are substantially the same as | 20 | | the original. The Department shall have the sole discretion to | 21 | | grant a one year extension to any agency unable to obtain | 22 | | 501(c)(3) status within the timeframe specified in this | 23 | | subsection (e), provided that such agency has filed an | 24 | | application for 501(c)(3) status with the Internal Revenue | 25 | | Service within the 2-year timeframe specified in this | 26 | | subsection (e).
|
| | | 10200HB4304ham001 | - 14 - | LRB102 19928 KTG 35566 a |
|
| 1 | | (Source: P.A. 101-63, eff. 7-12-19.)".
|
|