HB5097sam001 103RD GENERAL ASSEMBLY

Sen. Mike Simmons

Filed: 5/6/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5097

2    AMENDMENT NO. ______. Amend House Bill 5097 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Children and Family Services Act is
5amended by adding Section 7.3b as follows:
 
6    (20 ILCS 505/7.3b new)
7    Sec. 7.3b. Case plan requirements for hair-related needs
8of youth in care.
9    (a) Purposes. Hair plays an important role in fostering
10youths' connection to their race, culture, and identity.
11Haircare promotes positive messages of self-worth, comfort,
12and affection. Because these messages typically are developed
13through interactions with family and community members, it is
14necessary to establish a framework to ensure that youth in
15care are not deprived of these messages and that caregivers
16and appropriate child care facility staff are adequately

 

 

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1prepared to provide culturally competent haircare for youth.
2    (b) Definitions. As used in this Section:
3        (1) "Haircare" means all care related to the
4    maintenance of hair, including, but not limited to, the
5    daily maintenance routine, cutting, styling, or dying of
6    hair.
7        (2) "Culture" means the norms, traditions, and
8    experiences of a person's community that inform that
9    person's daily life and long-term goals.
10        (3) "Identity" means the memories, experiences,
11    relationships, and values that create one's sense of self.
12    This amalgamation creates a steady sense of who one is
13    over time, even as new facets are developed and
14    incorporated into one's identity.
15    (c) Haircare plan. Every case plan shall include a
16Haircare Plan for each youth in care that is developed in
17consultation with the youth based upon the youth's
18developmental abilities, as well as with the youth's parents
19or caregivers or appropriate child care facility staff if not
20contrary to the youth's wishes, and that outlines any training
21or resources required by the caregiver or appropriate child
22care facility staff to meet the haircare needs of the youth. At
23a minimum, the Haircare Plan must address:
24        (1) necessary haircare steps to be taken to preserve
25    the youth's desired connection to the youth's race,
26    culture, gender, religion, and identity;

 

 

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1        (2) necessary steps to be taken specific to the
2    youth's haircare needs during emergency and health
3    situations; and
4        (3) the desires of the youth as they pertain to the
5    youth's haircare.
6    A youth's Haircare Plan must be reviewed at the same time
7as the case plan review required under Section 6a as well as
8during monthly visits to ensure compliance with the Haircare
9Plan and identify any needed changes.
10    (d) By June 1, 2025, the Department shall develop training
11and resources to make available for caregivers and appropriate
12child care facility staff to provide culturally competent
13haircare to youth in care.
14    (e) By June 1, 2025, the Department must adopt rules to
15facilitate the implementation of this Section.
 
16    Section 10. The Foster Parent Law is amended by changing
17Sections 1-15 and 1-20 as follows:
 
18    (20 ILCS 520/1-15)
19    Sec. 1-15. Foster parent rights. A foster parent's rights
20include, but are not limited to, the following:
21        (1) The right to be treated with dignity, respect, and
22    consideration as a professional member of the child
23    welfare team.
24        (2) The right to be given standardized pre-service

 

 

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1    training and appropriate ongoing training to meet mutually
2    assessed needs and improve the foster parent's skills.
3        (3) The right to be informed as to how to contact the
4    appropriate child placement agency in order to receive
5    information and assistance to access supportive services
6    for children in the foster parent's care.
7        (4) The right to receive timely financial
8    reimbursement commensurate with the care needs of the
9    child as specified in the service plan.
10        (5) The right to be provided a clear, written
11    understanding of a placement agency's plan concerning the
12    placement of a child in the foster parent's home. Inherent
13    in this right is the foster parent's responsibility to
14    support activities that will promote the child's right to
15    relationships with the child's own family and cultural
16    heritage.
17        (6) The right to be provided a fair, timely, and
18    impartial investigation of complaints concerning the
19    foster parent's licensure, to be provided the opportunity
20    to have a person of the foster parent's choosing present
21    during the investigation, and to be provided due process
22    during the investigation; the right to be provided the
23    opportunity to request and receive mediation or an
24    administrative review of decisions that affect licensing
25    parameters, or both mediation and an administrative
26    review; and the right to have decisions concerning a

 

 

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1    licensing corrective action plan specifically explained
2    and tied to the licensing standards violated.
3        (7) The right, at any time during which a child is
4    placed with the foster parent, to receive additional or
5    necessary information that is relevant to the care of the
6    child.
7        (7.5) The right to be given information concerning a
8    child (i) from the Department as required under subsection
9    (u) of Section 5 of the Children and Family Services Act
10    and (ii) from a child welfare agency as required under
11    subsection (c-5) of Section 7.4 of the Child Care Act of
12    1969.
13        (8) The right to be notified of scheduled meetings and
14    staffings concerning the foster child in order to actively
15    participate in the case planning and decision-making
16    process regarding the child, including individual service
17    planning meetings, administrative case reviews,
18    interdisciplinary staffings, and individual educational
19    planning meetings; the right to be informed of decisions
20    made by the courts or the child welfare agency concerning
21    the child; the right to provide input concerning the plan
22    of services for the child and to have that input given full
23    consideration in the same manner as information presented
24    by any other professional on the team; and the right to
25    communicate with other professionals who work with the
26    foster child within the context of the team, including

 

 

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1    therapists, physicians, attending health care
2    professionals, and teachers.
3        (9) The right to be given, in a timely and consistent
4    manner, any information a caseworker has regarding the
5    child and the child's family which is pertinent to the
6    care and needs of the child and to the making of a
7    permanency plan for the child. Disclosure of information
8    concerning the child's family shall be limited to that
9    information that is essential for understanding the needs
10    of and providing care to the child in order to protect the
11    rights of the child's family. When a positive relationship
12    exists between the foster parent and the child's family,
13    the child's family may consent to disclosure of additional
14    information.
15        (10) The right to be given reasonable written notice
16    of (i) any change in a child's case plan, (ii) plans to
17    terminate the placement of the child with the foster
18    parent, and (iii) the reasons for the change or
19    termination in placement. The notice shall be waived only
20    in cases of a court order or when the child is determined
21    to be at imminent risk of harm.
22        (11) The right to be notified in a timely and complete
23    manner of all court hearings, including notice of the date
24    and time of the court hearing, the name of the judge or
25    hearing officer hearing the case, the location of the
26    hearing, and the court docket number of the case; and the

 

 

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1    right to intervene in court proceedings or to seek
2    mandamus under the Juvenile Court Act of 1987.
3        (12) The right to be considered as a placement option
4    when a foster child who was formerly placed with the
5    foster parent is to be re-entered into foster care, if
6    that placement is consistent with the best interest of the
7    child and other children in the foster parent's home.
8        (13) The right to have timely access to the child
9    placement agency's existing appeals process and the right
10    to be free from acts of harassment and retaliation by any
11    other party when exercising the right to appeal.
12        (14) The right to be informed of the Foster Parent
13    Hotline established under Section 35.6 of the Children and
14    Family Services Act and all of the rights accorded to
15    foster parents concerning reports of misconduct by
16    Department employees, service providers, or contractors,
17    confidential handling of those reports, and investigation
18    by the Inspector General appointed under Section 35.5 of
19    the Children and Family Services Act.
20        (15) The right to timely training necessary to meet
21    the haircare needs of the children placed in the foster
22    parent's care.
23(Source: P.A. 103-22, eff. 8-8-23.)
 
24    (20 ILCS 520/1-20)
25    Sec. 1-20. Foster parent responsibilities. A foster

 

 

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1parent's responsibilities include, but are not limited to, the
2following:
3        (1) The responsibility to openly communicate and share
4    information about the child with other members of the
5    child welfare team.
6        (2) The responsibility to respect the confidentiality
7    of information concerning foster children and their
8    families and act appropriately within applicable
9    confidentiality laws and regulations.
10        (3) The responsibility to advocate for children in the
11    foster parent's care.
12        (4) The responsibility to treat children in the foster
13    parent's care and the children's families with dignity,
14    respect, and consideration.
15        (5) The responsibility to recognize the foster
16    parent's own individual and familial strengths and
17    limitations when deciding whether to accept a child into
18    care; and the responsibility to recognize the foster
19    parent's own support needs and utilize appropriate
20    supports in providing care for foster children.
21        (6) The responsibility to be aware of the benefits of
22    relying on and affiliating with other foster parents and
23    foster parent associations in improving the quality of
24    care and service to children and families.
25        (7) The responsibility to assess the foster parent's
26    ongoing individual training needs and take action to meet

 

 

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1    those needs.
2        (8) The responsibility to develop and assist in
3    implementing strategies to prevent placement disruptions,
4    recognizing the traumatic impact of placement disruptions
5    on a foster child and all members of the foster family; and
6    the responsibility to provide emotional support for the
7    foster children and members of the foster family if
8    preventive strategies fail and placement disruptions
9    occur.
10        (9) The responsibility to know the impact foster
11    parenting has on individuals and family relationships; and
12    the responsibility to endeavor to minimize, as much as
13    possible, any stress that results from foster parenting.
14        (10) The responsibility to know the rewards and
15    benefits to children, parents, families, and society that
16    come from foster parenting and to promote the foster
17    parenting experience in a positive way.
18        (11) The responsibility to know the roles, rights, and
19    responsibilities of foster parents, other professionals in
20    the child welfare system, the foster child, and the foster
21    child's own family.
22        (12) The responsibility to know and, as necessary,
23    fulfill the foster parent's responsibility to serve as a
24    mandated reporter of suspected child abuse or neglect
25    under the Abused and Neglected Child Reporting Act; and
26    the responsibility to know the child welfare agency's

 

 

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1    policy regarding allegations that foster parents have
2    committed child abuse or neglect and applicable
3    administrative rules and procedures governing
4    investigations of those allegations.
5        (13) The responsibility to know and receive training
6    regarding the purpose of administrative case reviews,
7    client service plans, and court processes, as well as any
8    filing or time requirements associated with those
9    proceedings; and the responsibility to actively
10    participate in the foster parent's designated role in
11    these proceedings.
12        (14) The responsibility to know the child welfare
13    agency's appeal procedure for foster parents and the
14    rights of foster parents under the procedure.
15        (15) The responsibility to know and understand the
16    importance of maintaining accurate and relevant records
17    regarding the child's history and progress; and the
18    responsibility to be aware of and follow the procedures
19    and regulations of the child welfare agency with which the
20    foster parent is licensed or affiliated.
21        (16) The responsibility to share information, through
22    the child welfare team, with the subsequent caregiver
23    (whether the child's parent or another substitute
24    caregiver) regarding the child's adjustment in the foster
25    parent's home.
26        (17) The responsibility to provide care and services

 

 

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1    that are respectful of and responsive to the child's
2    cultural needs and are supportive of the relationship
3    between the child and the child's own family; the
4    responsibility to recognize the increased importance of
5    maintaining a child's cultural identity when the race or
6    culture of the foster family differs from that of the
7    foster child; the responsibility to provide haircare that
8    preserves the child's desired connection to the child's
9    race, culture, gender, religion, and identity; and the
10    responsibility to take action to address these issues.
11(Source: P.A. 103-22, eff. 8-8-23.)
 
12    Section 15. The Foster Children's Bill of Rights Act is
13amended by changing Section 5 as follows:
 
14    (20 ILCS 521/5)
15    Sec. 5. Foster Children's Bill of Rights. It is the policy
16of this State that every child and adult in the care of the
17Department of Children and Family Services who is placed in
18foster care shall have the following rights:
19        (1) To live in a safe, healthy, and comfortable home
20    where they are treated with respect.
21        (2) To be free from physical, sexual, emotional, or
22    other abuse, or corporal punishment.
23        (3) To receive adequate and healthy food, adequate
24    clothing, and, for youth in group homes, residential

 

 

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1    treatment facilities, and foster homes, an allowance.
2        (4) To receive medical, dental, vision, and mental
3    health services.
4        (5) To be free of the administration of medication or
5    chemical substances, unless authorized by a physician.
6        (6) To contact family members, unless prohibited by
7    court order, and social workers, attorneys, foster youth
8    advocates and supporters, Court Appointed Special
9    Advocates (CASAs), and probation officers.
10        (7) To visit and contact siblings, unless prohibited
11    by court order.
12        (8) To contact the Advocacy Office for Children and
13    Families established under the Children and Family
14    Services Act or the Department of Children and Family
15    Services' Office of the Inspector General regarding
16    violations of rights, to speak to representatives of these
17    offices confidentially, and to be free from threats or
18    punishment for making complaints.
19        (9) To make and receive confidential telephone calls
20    and send and receive unopened mail, unless prohibited by
21    court order.
22        (10) To attend religious services and activities of
23    their choice.
24        (11) To maintain an emancipation bank account and
25    manage personal income, consistent with the child's age
26    and developmental level, unless prohibited by the case

 

 

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1    plan.
2        (12) To not be locked in a room, building, or facility
3    premises, unless placed in a secure child care facility
4    licensed by the Department of Children and Family Services
5    under the Child Care Act of 1969 and placed pursuant to
6    Section 2-27.1 of the Juvenile Court Act of 1987.
7        (13) To attend school and participate in
8    extracurricular, cultural, and personal enrichment
9    activities, consistent with the child's age and
10    developmental level, with minimal disruptions to school
11    attendance and educational stability.
12        (14) To work and develop job skills at an
13    age-appropriate level, consistent with State law.
14        (15) To have social contacts with people outside of
15    the foster care system, including teachers, church
16    members, mentors, and friends.
17        (16) If they meet age requirements, to attend services
18    and programs operated by the Department of Children and
19    Family Services or any other appropriate State agency that
20    aim to help current and former foster youth achieve
21    self-sufficiency prior to and after leaving foster care.
22        (17) To attend court hearings and speak to the judge.
23        (18) To have storage space for private use.
24        (19) To be involved in the development of their own
25    case plan and plan for permanent placement.
26        (20) To review their own case plan and plan for

 

 

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1    permanent placement, if they are 12 years of age or older
2    and in a permanent placement, and to receive information
3    about their out-of-home placement and case plan, including
4    being told of changes to the case plan.
5        (21) To be free from unreasonable searches of personal
6    belongings.
7        (22) To the confidentiality of all juvenile court
8    records consistent with existing law.
9        (23) To have fair and equal access to all available
10    services, placement, care, treatment, and benefits, and to
11    not be subjected to discrimination or harassment on the
12    basis of actual or perceived race, ethnic group
13    identification, ancestry, national origin, color,
14    religion, sex, sexual orientation, gender identity, mental
15    or physical disability, or HIV status.
16        (24) To have caregivers and child welfare personnel
17    who have received sensitivity training and instruction on
18    matters concerning race, ethnicity, national origin,
19    color, ancestry, religion, mental and physical disability,
20    and HIV status.
21        (25) To have caregivers and child welfare personnel
22    who have received instruction on cultural competency and
23    sensitivity relating to, and best practices for, providing
24    adequate care to lesbian, gay, bisexual, and transgender
25    youth in out-of-home care.
26        (26) At 16 years of age or older, to have access to

 

 

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1    existing information regarding the educational options
2    available, including, but not limited to, the coursework
3    necessary for vocational and postsecondary educational
4    programs, and information regarding financial aid for
5    postsecondary education.
6        (27) To have access to age-appropriate, medically
7    accurate information about reproductive health care, the
8    prevention of unplanned pregnancy, and the prevention and
9    treatment of sexually transmitted infections at 12 years
10    of age or older.
11        (28) To receive a copy of this Act from and have it
12    fully explained by the Department of Children and Family
13    Services when the child or adult is placed in the care of
14    the Department of Children and Family Services.
15        (29) To be placed in the least restrictive and most
16    family-like setting available and in close proximity to
17    their parent's home consistent with their health, safety,
18    best interests, and special needs.
19        (30) To participate in an age and developmentally
20    appropriate intake process immediately after placement in
21    the custody or guardianship of the Department. During the
22    intake process, the Department shall provide the youth
23    with a document describing inappropriate acts of
24    affection, discipline, and punishment by guardians, foster
25    parents, foster siblings, or any other adult responsible
26    for the youth's welfare. The Department shall review and

 

 

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1    discuss the document with the child. The Department must
2    document completion of the intake process in the child's
3    records as well as giving a copy of the document to the
4    child.
5        (31) To participate in appropriate intervention and
6    counseling services after removal from the home of origin
7    in order to assess whether the youth is exhibiting signs
8    of traumatic stress, special needs, or mental illness.
9        (32) To receive a home visit by an assigned child
10    welfare specialist, per existing Department policies and
11    procedures, on a monthly basis or more frequently as
12    needed. In addition to what existing policies and
13    procedures outline, home visits shall be used to assess
14    the youth's well-being and emotional health following
15    placement, to determine the youth's relationship with the
16    youth's guardian or foster parent or with any other adult
17    responsible for the youth's welfare or living in or
18    frequenting the home environment, and to determine what
19    forms of discipline, if any, the youth's guardian or
20    foster parent or any other person in the home environment
21    uses to correct the youth.
22        (33) To be enrolled in an independent living services
23    program prior to transitioning out of foster care where
24    the youth will receive classes and instruction,
25    appropriate to the youth's age and developmental capacity,
26    on independent living and self-sufficiency in the areas of

 

 

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1    employment, finances, meals, and housing as well as help
2    in developing life skills and long-term goals.
3        (34) To be assessed by a third-party entity or agency
4    prior to enrollment in any independent living services
5    program in order to determine the youth's readiness for a
6    transition out of foster care based on the youth's
7    individual needs, emotional development, and ability,
8    regardless of age, to make a successful transition to
9    adulthood.
10        (35) To haircare that preserves the child's desired
11    connection to the child's race, culture, gender, religion,
12    and identity and to have a corresponding haircare plan
13    established in accordance with Section 7.3b of the
14    Children and Family Services Act. The Department must
15    provide, in a timely and consistent manner, training for
16    all caregivers and child welfare personnel on how to meet
17    the haircare needs of children.
18(Source: P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23.)".