Full Text of SB3325 97th General Assembly
SB3325enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended by changing Section 8.2 as follows:
| 6 | | (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
| 7 | | Sec. 8.2. If the Child Protective Service Unit determines, | 8 | | following
an investigation made pursuant to Section 7.4 of this | 9 | | Act, that there is
credible evidence that the child is abused | 10 | | or neglected, the Department
shall assess the family's need for | 11 | | services, and, as necessary, develop,
with the family, an | 12 | | appropriate service plan for the family's voluntary
acceptance | 13 | | or refusal. In any case where there is evidence that the
| 14 | | perpetrator of the abuse or neglect is an addict or alcoholic | 15 | | as defined in
the Alcoholism and Other Drug Abuse and | 16 | | Dependency Act, the Department, when
making referrals for drug | 17 | | or alcohol abuse services, shall make such referrals
to | 18 | | facilities licensed by the Department of Human Services or the | 19 | | Department
of Public Health. The Department shall comply with | 20 | | Section 8.1 by explaining
its lack of legal authority to compel | 21 | | the acceptance of services and may
explain its concomitant | 22 | | authority to petition the Circuit court
under the Juvenile | 23 | | Court Act of 1987 or refer the case to the local law
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| 1 | | enforcement authority or State's attorney for criminal | 2 | | prosecution.
| 3 | | For purposes of this Act, the term "family preservation | 4 | | services"
refers to all services
to help families, including | 5 | | adoptive and extended families. Family
preservation services | 6 | | shall be
offered, where safe and appropriate,
to prevent the | 7 | | placement of children in substitute
care when the children can | 8 | | be cared for at home or in the custody of the
person | 9 | | responsible for the children's welfare without endangering the
| 10 | | children's health or safety, to reunite them with their
| 11 | | families if so placed when reunification
is an appropriate | 12 | | goal, or to maintain an adoptive placement. The term
| 13 | | "homemaker" includes emergency caretakers, homemakers, | 14 | | caretakers,
housekeepers and chore services. The term | 15 | | "counseling" includes individual
therapy, infant stimulation | 16 | | therapy, family therapy, group therapy,
self-help groups, drug | 17 | | and alcohol abuse counseling, vocational counseling
and | 18 | | post-adoptive services. The term "day care" includes | 19 | | protective day
care and day care to meet educational, | 20 | | prevocational or vocational needs.
The term "emergency | 21 | | assistance and advocacy" includes coordinated services
to | 22 | | secure emergency cash, food, housing and medical assistance or | 23 | | advocacy
for other subsistence and family protective needs.
| 24 | | Before July 1, 2000, appropriate family preservation | 25 | | services shall, subject
to appropriation, be included in the | 26 | | service plan if the Department has
determined that those |
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| 1 | | services will ensure the child's health and safety, are
in the | 2 | | child's best interests, and will not place the child in | 3 | | imminent risk of
harm. Beginning July 1, 2000, appropriate | 4 | | family preservation services shall
be uniformly available | 5 | | throughout the State. The Department shall promptly
notify | 6 | | children and families of the Department's responsibility to | 7 | | offer and
provide family preservation services as identified in | 8 | | the service plan. Such
plans may include but are not limited | 9 | | to: case management services; homemakers;
counseling; parent | 10 | | education; day care; emergency assistance and advocacy
| 11 | | assessments; respite care; in-home health care; transportation | 12 | | to obtain any of
the above services; and medical assistance. | 13 | | Nothing in this paragraph shall be
construed to create a | 14 | | private right of action or claim on the part of any
individual | 15 | | or child welfare agency, except that when a child is the | 16 | | subject of an action under Article II of the Juvenile Court Act | 17 | | of 1987 and the child's service plan calls for services to | 18 | | facilitate achievement of the permanency goal, the court | 19 | | hearing the action under Article II of the Juvenile Court Act | 20 | | of 1987 may order the Department to provide the services set | 21 | | out in the plan, if those services are not provided with | 22 | | reasonable promptness and if those services are available.
| 23 | | The Department shall provide a preliminary report to the | 24 | | General
Assembly no later than January 1, 1991, in regard to | 25 | | the provision of
services authorized pursuant to this Section. | 26 | | The report shall include:
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| 1 | | (a) the number of families and children served, by type | 2 | | of services;
| 3 | | (b) the outcome from the provision of such services, | 4 | | including the
number of families which remained intact at | 5 | | least 6 months following the
termination of services;
| 6 | | (c) the number of families which have been subjects of | 7 | | founded
reports of abuse following the termination of | 8 | | services;
| 9 | | (d) an analysis of general family circumstances in | 10 | | which family
preservation services have been determined to | 11 | | be an effective intervention;
| 12 | | (e) information regarding the number of families in | 13 | | need of services
but unserved due to budget or program | 14 | | criteria guidelines;
| 15 | | (f) an estimate of the time necessary for and the | 16 | | annual cost of
statewide implementation of such services;
| 17 | | (g) an estimate of the length of time before expansion | 18 | | of these
services will be made to include families with | 19 | | children over the age of 6; and
| 20 | | (h) recommendations regarding any proposed legislative | 21 | | changes to
this program.
| 22 | | Each Department field office shall maintain on a local | 23 | | basis
directories of services available to children and | 24 | | families in the local
area where the Department office is | 25 | | located.
| 26 | | The Department shall refer children and families served
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| 1 | | pursuant to this Section to private agencies and governmental | 2 | | agencies,
where available.
| 3 | | Where there are 2 equal proposals from both a | 4 | | not-for-profit and a
for-profit agency to provide services, the | 5 | | Department shall give preference
to the proposal from the | 6 | | not-for-profit agency.
| 7 | | No service plan shall compel any child or parent to engage | 8 | | in any
activity or refrain from any activity which is not | 9 | | reasonably related to
remedying a condition or conditions that | 10 | | gave rise or which could give rise
to any finding of child | 11 | | abuse or neglect.
| 12 | | (Source: P.A. 96-600, eff. 8-21-09.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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