Full Text of HB3542 100th General Assembly
HB3542enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Foster Children's Bill of Rights Act is | 5 | | amended by changing Section 5 as follows: | 6 | | (20 ILCS 521/5)
| 7 | | Sec. 5. Foster Children's Bill of Rights. It is the policy | 8 | | of this State that every child and
adult in the care of the | 9 | | Department of Children and Family Services who is placed in | 10 | | foster care shall have the following rights: | 11 | | (1) To live in a safe, healthy, and comfortable home | 12 | | where he or
she is treated with respect. | 13 | | (2) To be free from physical, sexual, emotional, or | 14 | | other abuse,
or corporal punishment. | 15 | | (3) To receive adequate and healthy food, adequate | 16 | | clothing, and,
for youth in group homes, residential | 17 | | treatment facilities, and foster homes, an allowance. | 18 | | (4) To receive medical, dental, vision, and mental | 19 | | health
services. | 20 | | (5) To be free of the administration of medication or | 21 | | chemical
substances, unless authorized by a physician. | 22 | | (6) To contact family members, unless prohibited by | 23 | | court order,
and social workers, attorneys, foster youth |
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| 1 | | advocates and supporters,
Court Appointed Special | 2 | | Advocates (CASAs), and probation officers. | 3 | | (7) To visit and contact brothers and sisters, unless | 4 | | prohibited
by court order. | 5 | | (8) To contact the Advocacy Office for Children and | 6 | | Families established under the Children and Family | 7 | | Services Act or the Department of Children and Family | 8 | | Services' Office of the Inspector General regarding | 9 | | violations of rights, to speak to representatives of these
| 10 | | offices confidentially, and to be free from threats or | 11 | | punishment for
making complaints. | 12 | | (9) To make and receive confidential telephone calls | 13 | | and send and
receive unopened mail, unless prohibited by | 14 | | court order.
| 15 | | (10) To attend religious services and activities of his | 16 | | or her
choice.
| 17 | | (11) To maintain an emancipation bank account and | 18 | | manage personal
income, consistent with the child's age and | 19 | | developmental level,
unless prohibited by the case plan. | 20 | | (12) To not be locked in a room, building, or facility | 21 | | premises,
unless placed in a secure child care facility | 22 | | licensed by the Department of Children and Family Services | 23 | | under the Child Care Act of 1969 and placed pursuant to | 24 | | Section 2-27.1 of the Juvenile Court Act of 1987. | 25 | | (13) To attend school and participate in | 26 | | extracurricular,
cultural, and personal enrichment |
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| 1 | | activities, consistent with the
child's age and | 2 | | developmental level, with minimal disruptions to
school | 3 | | attendance and educational stability. | 4 | | (14) To work and develop job skills at an | 5 | | age-appropriate level,
consistent with State law. | 6 | | (15) To have social contacts with people outside of the | 7 | | foster
care system, including teachers, church members, | 8 | | mentors, and
friends. | 9 | | (16) If he or she meets age requirements, to attend | 10 | | services and programs operated by the Department of | 11 | | Children and Family Services or any other appropriate State | 12 | | agency that aim to help current and former foster youth | 13 | | achieve self-sufficiency prior to and after leaving foster | 14 | | care. | 15 | | (17) To attend court hearings and speak to the judge. | 16 | | (18) To have storage space for private use. | 17 | | (19) To be involved in the development of his or her | 18 | | own case plan
and plan for permanent placement. | 19 | | (20) To review his or her own case plan and plan for | 20 | | permanent
placement, if he or she is 12 years of age or | 21 | | older and in a
permanent placement, and to receive | 22 | | information about his or her
out-of-home placement and case | 23 | | plan, including being told of changes
to the case plan. | 24 | | (21) To be free from unreasonable searches of personal | 25 | | belongings. | 26 | | (22) To the confidentiality of all juvenile court |
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| 1 | | records
consistent with existing law. | 2 | | (23) To have fair and equal access to all available | 3 | | services,
placement, care, treatment, and benefits, and to | 4 | | not be subjected to
discrimination or harassment on the | 5 | | basis of actual or perceived
race, ethnic group | 6 | | identification, ancestry, national origin, color,
| 7 | | religion, sex, sexual orientation, gender identity, mental | 8 | | or
physical disability, or HIV status. | 9 | | (24) To have caregivers and child welfare personnel who | 10 | | have received sensitivity training and instruction on | 11 | | matters concerning race, ethnicity, national origin, | 12 | | color, ancestry, religion, mental and physical disability, | 13 | | and HIV status. | 14 | | (25) To have caregivers and child welfare personnel who | 15 | | have
received instruction on cultural competency and | 16 | | sensitivity relating
to, and best practices for, providing | 17 | | adequate care to lesbian, gay,
bisexual, and transgender | 18 | | youth in out-of-home care. | 19 | | (26) At 16 years of age or older, to have access to | 20 | | existing
information regarding the educational options | 21 | | available, including,
but not limited to, the coursework | 22 | | necessary for vocational and
postsecondary educational | 23 | | programs, and information regarding
financial aid for | 24 | | postsecondary education. | 25 | | (27) To have access to age-appropriate, medically | 26 | | accurate
information about reproductive health care, the |
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| 1 | | prevention of
unplanned pregnancy, and the prevention and | 2 | | treatment of sexually
transmitted infections at 12 years of | 3 | | age or older.
| 4 | | (28) To receive a copy of this Act from and have it | 5 | | fully explained by the Department of Children and Family | 6 | | Services when the child or adult is placed in the care of | 7 | | the Department of Children and Family Services.
| 8 | | (29) To be placed in the least restrictive and most | 9 | | family-like setting available and in close proximity to his | 10 | | or her parent's home consistent with his or her health, | 11 | | safety, best interests, and special needs. | 12 | | (Source: P.A. 99-344, eff. 1-1-16 .)
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