Illinois General Assembly - Full Text of HB4095
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Full Text of HB4095  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 5/16/2023, by Rep. Tom Weber


20 ILCS 505/5  from Ch. 23, par. 5005

    Amends the Children and Family Services Act. Provides that final approval for placement of a child with a prospective foster or adoptive parent shall not be granted if a criminal records background check reveals the prospective foster or adoptive parent has a felony conviction for human trafficking or sex trafficking. Effective immediately.

LRB103 32481 KTG 61978 b





HB4095LRB103 32481 KTG 61978 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Children and Family Services Act is amended
5by changing Section 5 as follows:
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State
13    who 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 and who continue under the jurisdiction of the
18        court; or
19            (B) were accepted for care, service and training
20        by 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,
13        dependent, 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
26        child and the families when the child can be cared for



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1        at 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) (Blank).
12    (c) The Department shall establish and maintain
13tax-supported child welfare services and extend and seek to
14improve voluntary services throughout the State, to the end
15that services and care shall be available on an equal basis
16throughout the State to children requiring such services.
17    (d) The Director may authorize advance disbursements for
18any new program initiative to any agency contracting with the
19Department. As a prerequisite for an advance disbursement, the
20contractor must post a surety bond in the amount of the advance
21disbursement and have a purchase of service contract approved
22by the Department. The Department may pay up to 2 months
23operational expenses in advance. The amount of the advance
24disbursement shall be prorated over the life of the contract
25or the remaining months of the fiscal year, whichever is less,
26and the installment amount shall then be deducted from future



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1bills. Advance disbursement authorizations for new initiatives
2shall not be made to any agency after that agency has operated
3during 2 consecutive fiscal years. The requirements of this
4Section concerning advance disbursements shall not apply with
5respect to the following: payments to local public agencies
6for child day care services as authorized by Section 5a of this
7Act; and youth service programs receiving grant funds under
8Section 17a-4.
9    (e) (Blank).
10    (f) (Blank).
11    (g) The Department shall establish rules and regulations
12concerning its operation of programs designed to meet the
13goals of child safety and protection, family preservation,
14family reunification, and adoption, including, but not limited
16        (1) adoption;
17        (2) foster care;
18        (3) family counseling;
19        (4) protective services;
20        (5) (blank);
21        (6) homemaker service;
22        (7) return of runaway children;
23        (8) (blank);
24        (9) placement under Section 5-7 of the Juvenile Court
25    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
26    Court Act of 1987 in accordance with the federal Adoption



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1    Assistance and Child Welfare Act of 1980; and
2        (10) interstate services.
3    Rules and regulations established by the Department shall
4include provisions for training Department staff and the staff
5of Department grantees, through contracts with other agencies
6or resources, in screening techniques to identify substance
7use disorders, as defined in the Substance Use Disorder Act,
8approved by the Department of Human Services, as a successor
9to the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred for an assessment at an organization appropriately
12licensed by the Department of Human Services for substance use
13disorder treatment.
14    (h) If the Department finds that there is no appropriate
15program or facility within or available to the Department for
16a youth in care and that no licensed private facility has an
17adequate and appropriate program or none agrees to accept the
18youth in care, the Department shall create an appropriate
19individualized, program-oriented plan for such youth in care.
20The plan may be developed within the Department or through
21purchase of services by the Department to the extent that it is
22within its statutory authority to do.
23    (i) Service programs shall be available throughout the
24State and shall include but not be limited to the following
26        (1) case management;



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1        (2) homemakers;
2        (3) counseling;
3        (4) parent education;
4        (5) day care; and
5        (6) emergency assistance and advocacy.
6    In addition, the following services may be made available
7to assess and meet the needs of children and families:
8        (1) comprehensive family-based services;
9        (2) assessments;
10        (3) respite care; and
11        (4) in-home health services.
12    The Department shall provide transportation for any of the
13services it makes available to children or families or for
14which it refers children or families.
15    (j) The Department may provide categories of financial
16assistance and education assistance grants, and shall
17establish rules and regulations concerning the assistance and
18grants, to persons who adopt children with physical or mental
19disabilities, children who are older, or other hard-to-place
20children who (i) immediately prior to their adoption were
21youth in care or (ii) were determined eligible for financial
22assistance with respect to a prior adoption and who become
23available for adoption because the prior adoption has been
24dissolved and the parental rights of the adoptive parents have
25been terminated or because the child's adoptive parents have
26died. The Department may continue to provide financial



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1assistance and education assistance grants for a child who was
2determined eligible for financial assistance under this
3subsection (j) in the interim period beginning when the
4child's adoptive parents died and ending with the finalization
5of the new adoption of the child by another adoptive parent or
6parents. The Department may also provide categories of
7financial assistance and education assistance grants, and
8shall establish rules and regulations for the assistance and
9grants, to persons appointed guardian of the person under
10Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
114-25, or 5-740 of the Juvenile Court Act of 1987 for children
12who were youth in care for 12 months immediately prior to the
13appointment of the guardian.
14    The amount of assistance may vary, depending upon the
15needs of the child and the adoptive parents, as set forth in
16the annual assistance agreement. Special purpose grants are
17allowed where the child requires special service but such
18costs may not exceed the amounts which similar services would
19cost the Department if it were to provide or secure them as
20guardian of the child.
21    Any financial assistance provided under this subsection is
22inalienable by assignment, sale, execution, attachment,
23garnishment, or any other remedy for recovery or collection of
24a judgment or debt.
25    (j-5) The Department shall not deny or delay the placement
26of a child for adoption if an approved family is available



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1either outside of the Department region handling the case, or
2outside of the State of Illinois.
3    (k) The Department shall accept for care and training any
4child who has been adjudicated neglected or abused, or
5dependent committed to it pursuant to the Juvenile Court Act
6or the Juvenile Court Act of 1987.
7    (l) The Department shall offer family preservation
8services, as defined in Section 8.2 of the Abused and
9Neglected Child Reporting Act, to help families, including
10adoptive and extended families. Family preservation services
11shall be offered (i) to prevent the placement of children in
12substitute care when the children can be cared for at home or
13in the custody of the person responsible for the children's
14welfare, (ii) to reunite children with their families, or
15(iii) to maintain an adoptive placement. Family preservation
16services shall only be offered when doing so will not endanger
17the children's health or safety. With respect to children who
18are in substitute care pursuant to the Juvenile Court Act of
191987, family preservation services shall not be offered if a
20goal other than those of subdivisions (A), (B), or (B-1) of
21subsection (2) of Section 2-28 of that Act has been set, except
22that reunification services may be offered as provided in
23paragraph (F) of subsection (2) of Section 2-28 of that Act.
24Nothing in this paragraph shall be construed to create a
25private right of action or claim on the part of any individual
26or child welfare agency, except that when a child is the



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1subject of an action under Article II of the Juvenile Court Act
2of 1987 and the child's service plan calls for services to
3facilitate achievement of the permanency goal, the court
4hearing the action under Article II of the Juvenile Court Act
5of 1987 may order the Department to provide the services set
6out in the plan, if those services are not provided with
7reasonable promptness and if those services are available.
8    The Department shall notify the child and his family of
9the Department's responsibility to offer and provide family
10preservation services as identified in the service plan. The
11child and his family shall be eligible for services as soon as
12the report is determined to be "indicated". The Department may
13offer services to any child or family with respect to whom a
14report of suspected child abuse or neglect has been filed,
15prior to concluding its investigation under Section 7.12 of
16the Abused and Neglected Child Reporting Act. However, the
17child's or family's willingness to accept services shall not
18be considered in the investigation. The Department may also
19provide services to any child or family who is the subject of
20any report of suspected child abuse or neglect or may refer
21such child or family to services available from other agencies
22in the community, even if the report is determined to be
23unfounded, if the conditions in the child's or family's home
24are reasonably likely to subject the child or family to future
25reports of suspected child abuse or neglect. Acceptance of
26such services shall be voluntary. The Department may also



HB4095- 11 -LRB103 32481 KTG 61978 b

1provide services to any child or family after completion of a
2family assessment, as an alternative to an investigation, as
3provided under the "differential response program" provided
4for in subsection (a-5) of Section 7.4 of the Abused and
5Neglected Child Reporting Act.
6    The Department may, at its discretion except for those
7children also adjudicated neglected or dependent, accept for
8care and training any child who has been adjudicated addicted,
9as a truant minor in need of supervision or as a minor
10requiring authoritative intervention, under the Juvenile Court
11Act or the Juvenile Court Act of 1987, but no such child shall
12be committed to the Department by any court without the
13approval of the Department. On and after January 1, 2015 (the
14effective date of Public Act 98-803) and before January 1,
152017, a minor charged with a criminal offense under the
16Criminal Code of 1961 or the Criminal Code of 2012 or
17adjudicated delinquent shall not be placed in the custody of
18or committed to the Department by any court, except (i) a minor
19less than 16 years of age committed to the Department under
20Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
21for whom an independent basis of abuse, neglect, or dependency
22exists, which must be defined by departmental rule, or (iii) a
23minor for whom the court has granted a supplemental petition
24to reinstate wardship pursuant to subsection (2) of Section
252-33 of the Juvenile Court Act of 1987. On and after January 1,
262017, a minor charged with a criminal offense under the



HB4095- 12 -LRB103 32481 KTG 61978 b

1Criminal Code of 1961 or the Criminal Code of 2012 or
2adjudicated delinquent shall not be placed in the custody of
3or committed to the Department by any court, except (i) a minor
4less than 15 years of age committed to the Department under
5Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
6for whom an independent basis of abuse, neglect, or dependency
7exists, which must be defined by departmental rule, or (iii) a
8minor for whom the court has granted a supplemental petition
9to reinstate wardship pursuant to subsection (2) of Section
102-33 of the Juvenile Court Act of 1987. An independent basis
11exists when the allegations or adjudication of abuse, neglect,
12or dependency do not arise from the same facts, incident, or
13circumstances which give rise to a charge or adjudication of
14delinquency. The Department shall assign a caseworker to
15attend any hearing involving a youth in the care and custody of
16the Department who is placed on aftercare release, including
17hearings involving sanctions for violation of aftercare
18release conditions and aftercare release revocation hearings.
19    As soon as is possible after August 7, 2009 (the effective
20date of Public Act 96-134), the Department shall develop and
21implement a special program of family preservation services to
22support intact, foster, and adoptive families who are
23experiencing extreme hardships due to the difficulty and
24stress of caring for a child who has been diagnosed with a
25pervasive developmental disorder if the Department determines
26that those services are necessary to ensure the health and



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1safety of the child. The Department may offer services to any
2family whether or not a report has been filed under the Abused
3and Neglected Child Reporting Act. The Department may refer
4the child or family to services available from other agencies
5in the community if the conditions in the child's or family's
6home are reasonably likely to subject the child or family to
7future reports of suspected child abuse or neglect. Acceptance
8of these services shall be voluntary. The Department shall
9develop and implement a public information campaign to alert
10health and social service providers and the general public
11about these special family preservation services. The nature
12and scope of the services offered and the number of families
13served under the special program implemented under this
14paragraph shall be determined by the level of funding that the
15Department annually allocates for this purpose. The term
16"pervasive developmental disorder" under this paragraph means
17a neurological condition, including, but not limited to,
18Asperger's Syndrome and autism, as defined in the most recent
19edition of the Diagnostic and Statistical Manual of Mental
20Disorders of the American Psychiatric Association.
21    (l-1) The legislature recognizes that the best interests
22of the child require that the child be placed in the most
23permanent living arrangement as soon as is practically
24possible. To achieve this goal, the legislature directs the
25Department of Children and Family Services to conduct
26concurrent planning so that permanency may occur at the



HB4095- 14 -LRB103 32481 KTG 61978 b

1earliest opportunity. Permanent living arrangements may
2include prevention of placement of a child outside the home of
3the family when the child can be cared for at home without
4endangering the child's health or safety; reunification with
5the family, when safe and appropriate, if temporary placement
6is necessary; or movement of the child toward the most
7permanent living arrangement and permanent legal status.
8    When determining reasonable efforts to be made with
9respect to a child, as described in this subsection, and in
10making such reasonable efforts, the child's health and safety
11shall be the paramount concern.
12    When a child is placed in foster care, the Department
13shall ensure and document that reasonable efforts were made to
14prevent or eliminate the need to remove the child from the
15child's home. The Department must make reasonable efforts to
16reunify the family when temporary placement of the child
17occurs unless otherwise required, pursuant to the Juvenile
18Court Act of 1987. At any time after the dispositional hearing
19where the Department believes that further reunification
20services would be ineffective, it may request a finding from
21the court that reasonable efforts are no longer appropriate.
22The Department is not required to provide further
23reunification services after such a finding.
24    A decision to place a child in substitute care shall be
25made with considerations of the child's health, safety, and
26best interests. At the time of placement, consideration should



HB4095- 15 -LRB103 32481 KTG 61978 b

1also be given so that if reunification fails or is delayed, the
2placement made is the best available placement to provide
3permanency for the child.
4    The Department shall adopt rules addressing concurrent
5planning for reunification and permanency. The Department
6shall consider the following factors when determining
7appropriateness 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
16    to 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
20child if:
21        (1) it has received a written consent to such
22    temporary custody signed by the parents of the child or by
23    the parent having custody of the child if the parents are
24    not living together or by the guardian or custodian of the
25    child if the child is not in the custody of either parent,
26    or



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1        (2) the child is found in the State and neither a
2    parent, guardian nor custodian of the child can be
3    located.
4If the child is found in his or her residence without a parent,
5guardian, custodian, or responsible caretaker, the Department
6may, instead of removing the child and assuming temporary
7custody, place an authorized representative of the Department
8in that residence until such time as a parent, guardian, or
9custodian enters the home and expresses a willingness and
10apparent ability to ensure the child's health and safety and
11resume permanent charge of the child, or until a relative
12enters the home and is willing and able to ensure the child's
13health and safety and assume charge of the child until a
14parent, guardian, or custodian enters the home and expresses
15such willingness and ability to ensure the child's safety and
16resume permanent charge. After a caretaker has remained in the
17home for a period not to exceed 12 hours, the Department must
18follow those procedures outlined in Section 2-9, 3-11, 4-8, or
195-415 of the Juvenile Court Act of 1987.
20    The Department shall have the authority, responsibilities
21and duties that a legal custodian of the child would have
22pursuant to subsection (9) of Section 1-3 of the Juvenile
23Court Act of 1987. Whenever a child is taken into temporary
24custody pursuant to an investigation under the Abused and
25Neglected Child Reporting Act, or pursuant to a referral and
26acceptance under the Juvenile Court Act of 1987 of a minor in



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1limited custody, the Department, during the period of
2temporary custody and before the child is brought before a
3judicial officer as required by Section 2-9, 3-11, 4-8, or
45-415 of the Juvenile Court Act of 1987, shall have the
5authority, responsibilities and duties that a legal custodian
6of the child would have under subsection (9) of Section 1-3 of
7the Juvenile Court Act of 1987.
8    The Department shall ensure that any child taken into
9custody is scheduled for an appointment for a medical
11    A parent, guardian, or custodian of a child in the
12temporary custody of the Department who would have custody of
13the child if he were not in the temporary custody of the
14Department may deliver to the Department a signed request that
15the Department surrender the temporary custody of the child.
16The Department may retain temporary custody of the child for
1710 days after the receipt of the request, during which period
18the Department may cause to be filed a petition pursuant to the
19Juvenile Court Act of 1987. If a petition is so filed, the
20Department shall retain temporary custody of the child until
21the court orders otherwise. If a petition is not filed within
22the 10-day period, the child shall be surrendered to the
23custody of the requesting parent, guardian, or custodian not
24later than the expiration of the 10-day period, at which time
25the authority and duties of the Department with respect to the
26temporary custody of the child shall terminate.



HB4095- 18 -LRB103 32481 KTG 61978 b

1    (m-1) The Department may place children under 18 years of
2age in a secure child care facility licensed by the Department
3that cares for children who are in need of secure living
4arrangements for their health, safety, and well-being after a
5determination is made by the facility director and the
6Director or the Director's designate prior to admission to the
7facility subject to Section 2-27.1 of the Juvenile Court Act
8of 1987. This subsection (m-1) does not apply to a child who is
9subject to placement in a correctional facility operated
10pursuant to Section 3-15-2 of the Unified Code of Corrections,
11unless the child is a youth in care who was placed in the care
12of the Department before being subject to placement in a
13correctional facility and a court of competent jurisdiction
14has ordered placement of the child in a secure care facility.
15    (n) The Department may place children under 18 years of
16age in licensed child care facilities when in the opinion of
17the Department, appropriate services aimed at family
18preservation have been unsuccessful and cannot ensure the
19child's health and safety or are unavailable and such
20placement would be for their best interest. Payment for board,
21clothing, care, training and supervision of any child placed
22in a licensed child care facility may be made by the
23Department, by the parents or guardians of the estates of
24those children, or by both the Department and the parents or
25guardians, except that no payments shall be made by the
26Department for any child placed in a licensed child care



HB4095- 19 -LRB103 32481 KTG 61978 b

1facility for board, clothing, care, training and supervision
2of such a child that exceed the average per capita cost of
3maintaining and of caring for a child in institutions for
4dependent or neglected children operated by the Department.
5However, such restriction on payments does not apply in cases
6where children require specialized care and treatment for
7problems of severe emotional disturbance, physical disability,
8social adjustment, or any combination thereof and suitable
9facilities for the placement of such children are not
10available at payment rates within the limitations set forth in
11this Section. All reimbursements for services delivered shall
12be absolutely inalienable by assignment, sale, attachment, or
13garnishment or otherwise.
14    (n-1) The Department shall provide or authorize child
15welfare services, aimed at assisting minors to achieve
16sustainable self-sufficiency as independent adults, for any
17minor eligible for the reinstatement of wardship pursuant to
18subsection (2) of Section 2-33 of the Juvenile Court Act of
191987, whether or not such reinstatement is sought or allowed,
20provided that the minor consents to such services and has not
21yet attained the age of 21. The Department shall have
22responsibility for the development and delivery of services
23under this Section. An eligible youth may access services
24under this Section through the Department of Children and
25Family Services or by referral from the Department of Human
26Services. Youth participating in services under this Section



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1shall cooperate with the assigned case manager in developing
2an agreement identifying the services to be provided and how
3the youth will increase skills to achieve self-sufficiency. A
4homeless shelter is not considered appropriate housing for any
5youth receiving child welfare services under this Section. The
6Department shall continue child welfare services under this
7Section to any eligible minor until the minor becomes 21 years
8of age, no longer consents to participate, or achieves
9self-sufficiency as identified in the minor's service plan.
10The Department of Children and Family Services shall create
11clear, readable notice of the rights of former foster youth to
12child welfare services under this Section and how such
13services may be obtained. The Department of Children and
14Family Services and the Department of Human Services shall
15disseminate this information statewide. The Department shall
16adopt regulations describing services intended to assist
17minors in achieving sustainable self-sufficiency as
18independent adults.
19    (o) The Department shall establish an administrative
20review and appeal process for children and families who
21request or receive child welfare services from the Department.
22Youth in care who are placed by private child welfare
23agencies, and foster families with whom those youth are
24placed, shall be afforded the same procedural and appeal
25rights as children and families in the case of placement by the
26Department, including the right to an initial review of a



HB4095- 21 -LRB103 32481 KTG 61978 b

1private agency decision by that agency. The Department shall
2ensure that any private child welfare agency, which accepts
3youth in care for placement, affords those rights to children
4and foster families. The Department shall accept for
5administrative review and an appeal hearing a complaint made
6by (i) a child or foster family concerning a decision
7following an initial review by a private child welfare agency
8or (ii) a prospective adoptive parent who alleges a violation
9of subsection (j-5) of this Section. An appeal of a decision
10concerning a change in the placement of a child shall be
11conducted in an expedited manner. A court determination that a
12current foster home placement is necessary and appropriate
13under Section 2-28 of the Juvenile Court Act of 1987 does not
14constitute a judicial determination on the merits of an
15administrative appeal, filed by a former foster parent,
16involving a change of placement decision.
17    (p) (Blank).
18    (q) The Department may receive and use, in their entirety,
19for the benefit of children any gift, donation, or bequest of
20money or other property which is received on behalf of such
21children, or any financial benefits to which such children are
22or may become entitled while under the jurisdiction or care of
23the Department, except that the benefits described in Section
245.46 must be used and conserved consistent with the provisions
25under Section 5.46.
26    The Department shall set up and administer no-cost,



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1interest-bearing accounts in appropriate financial
2institutions for children for whom the Department is legally
3responsible and who have been determined eligible for
4Veterans' Benefits, Social Security benefits, assistance
5allotments from the armed forces, court ordered payments,
6parental voluntary payments, Supplemental Security Income,
7Railroad Retirement payments, Black Lung benefits, or other
8miscellaneous payments. Interest earned by each account shall
9be credited to the account, unless disbursed in accordance
10with this subsection.
11    In disbursing funds from children's accounts, the
12Department shall:
13        (1) Establish standards in accordance with State and
14    federal laws for disbursing money from children's
15    accounts. In all circumstances, the Department's
16    "Guardianship Administrator" or his or her designee must
17    approve disbursements from children's accounts. The
18    Department shall be responsible for keeping complete
19    records of all disbursements for each account for any
20    purpose.
21        (2) Calculate on a monthly basis the amounts paid from
22    State funds for the child's board and care, medical care
23    not covered under Medicaid, and social services; and
24    utilize funds from the child's account, as covered by
25    regulation, to reimburse those costs. Monthly,
26    disbursements from all children's accounts, up to 1/12 of



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1    $13,000,000, shall be deposited by the Department into the
2    General Revenue Fund and the balance over 1/12 of
3    $13,000,000 into the DCFS Children's Services Fund.
4        (3) Maintain any balance remaining after reimbursing
5    for the child's costs of care, as specified in item (2).
6    The balance shall accumulate in accordance with relevant
7    State and federal laws and shall be disbursed to the child
8    or his or her guardian, or to the issuing agency.
9    (r) The Department shall promulgate regulations
10encouraging all adoption agencies to voluntarily forward to
11the Department or its agent names and addresses of all persons
12who have applied for and have been approved for adoption of a
13hard-to-place child or child with a disability and the names
14of such children who have not been placed for adoption. A list
15of such names and addresses shall be maintained by the
16Department or its agent, and coded lists which maintain the
17confidentiality of the person seeking to adopt the child and
18of the child shall be made available, without charge, to every
19adoption agency in the State to assist the agencies in placing
20such children for adoption. The Department may delegate to an
21agent its duty to maintain and make available such lists. The
22Department shall ensure that such agent maintains the
23confidentiality of the person seeking to adopt the child and
24of the child.
25    (s) The Department of Children and Family Services may
26establish and implement a program to reimburse Department and



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1private child welfare agency foster parents licensed by the
2Department of Children and Family Services for damages
3sustained by the foster parents as a result of the malicious or
4negligent acts of foster children, as well as providing third
5party coverage for such foster parents with regard to actions
6of foster children to other individuals. Such coverage will be
7secondary to the foster parent liability insurance policy, if
8applicable. The program shall be funded through appropriations
9from the General Revenue Fund, specifically designated for
10such purposes.
11    (t) The Department shall perform home studies and
12investigations and shall exercise supervision over visitation
13as ordered by a court pursuant to the Illinois Marriage and
14Dissolution of Marriage Act or the Adoption Act only if:
15        (1) an order entered by an Illinois court specifically
16    directs the Department to perform such services; and
17        (2) the court has ordered one or both of the parties to
18    the proceeding to reimburse the Department for its
19    reasonable costs for providing such services in accordance
20    with Department rules, or has determined that neither
21    party is financially able to pay.
22    The Department shall provide written notification to the
23court of the specific arrangements for supervised visitation
24and projected monthly costs within 60 days of the court order.
25The Department shall send to the court information related to
26the costs incurred except in cases where the court has



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1determined the parties are financially unable to pay. The
2court may order additional periodic reports as appropriate.
3    (u) In addition to other information that must be
4provided, whenever the Department places a child with a
5prospective adoptive parent or parents, in a licensed foster
6home, group home, or child care institution, or in a relative
7home, the Department shall provide to the prospective adoptive
8parent or parents or other caretaker:
9        (1) available detailed information concerning the
10    child's educational and health history, copies of
11    immunization records (including insurance and medical card
12    information), a history of the child's previous
13    placements, if any, and reasons for placement changes
14    excluding any information that identifies or reveals the
15    location of any previous caretaker;
16        (2) a copy of the child's portion of the client
17    service plan, including any visitation arrangement, and
18    all amendments or revisions to it as related to the child;
19    and
20        (3) information containing details of the child's
21    individualized educational plan when the child is
22    receiving special education services.
23    The caretaker shall be informed of any known social or
24behavioral information (including, but not limited to,
25criminal background, fire setting, perpetuation of sexual
26abuse, destructive behavior, and substance abuse) necessary to



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1care for and safeguard the children to be placed or currently
2in the home. The Department may prepare a written summary of
3the information required by this paragraph, which may be
4provided to the foster or prospective adoptive parent in
5advance of a placement. The foster or prospective adoptive
6parent may review the supporting documents in the child's file
7in the presence of casework staff. In the case of an emergency
8placement, casework staff shall at least provide known
9information verbally, if necessary, and must subsequently
10provide the information in writing as required by this
12    The information described in this subsection shall be
13provided in writing. In the case of emergency placements when
14time does not allow prior review, preparation, and collection
15of written information, the Department shall provide such
16information as it becomes available. Within 10 business days
17after placement, the Department shall obtain from the
18prospective adoptive parent or parents or other caretaker a
19signed verification of receipt of the information provided.
20Within 10 business days after placement, the Department shall
21provide to the child's guardian ad litem a copy of the
22information provided to the prospective adoptive parent or
23parents or other caretaker. The information provided to the
24prospective adoptive parent or parents or other caretaker
25shall be reviewed and approved regarding accuracy at the
26supervisory level.



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1    (u-5) Effective July 1, 1995, only foster care placements
2licensed as foster family homes pursuant to the Child Care Act
3of 1969 shall be eligible to receive foster care payments from
4the Department. Relative caregivers who, as of July 1, 1995,
5were approved pursuant to approved relative placement rules
6previously promulgated by the Department at 89 Ill. Adm. Code
7335 and had submitted an application for licensure as a foster
8family home may continue to receive foster care payments only
9until the Department determines that they may be licensed as a
10foster family home or that their application for licensure is
11denied or until September 30, 1995, whichever occurs first.
12    (v) The Department shall access criminal history record
13information as defined in the Illinois Uniform Conviction
14Information Act and information maintained in the adjudicatory
15and dispositional record system as defined in Section 2605-355
16of the Illinois State Police Law if the Department determines
17the information is necessary to perform its duties under the
18Abused and Neglected Child Reporting Act, the Child Care Act
19of 1969, and the Children and Family Services Act. The
20Department shall provide for interactive computerized
21communication and processing equipment that permits direct
22on-line communication with the Illinois State Police's central
23criminal history data repository. The Department shall comply
24with all certification requirements and provide certified
25operators who have been trained by personnel from the Illinois
26State Police. In addition, one Office of the Inspector General



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1investigator shall have training in the use of the criminal
2history information access system and have access to the
3terminal. The Department of Children and Family Services and
4its employees shall abide by rules and regulations established
5by the Illinois State Police relating to the access and
6dissemination of this information.
7    (v-1) Prior to final approval for placement of a child,
8the Department shall conduct a criminal records background
9check of the prospective foster or adoptive parent, including
10fingerprint-based checks of national crime information
11databases. Final approval for placement shall not be granted
12if the record check reveals a felony conviction for child
13abuse or neglect, for spousal abuse, for a crime against
14children, or for a crime involving violence, including human
15trafficking, sex trafficking, rape, sexual assault, or
16homicide, but not including other physical assault or battery,
17or if there is a felony conviction for physical assault,
18battery, or a drug-related offense committed within the past 5
20    (v-2) Prior to final approval for placement of a child,
21the Department shall check its child abuse and neglect
22registry for information concerning prospective foster and
23adoptive parents, and any adult living in the home. If any
24prospective foster or adoptive parent or other adult living in
25the home has resided in another state in the preceding 5 years,
26the Department shall request a check of that other state's



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1child abuse and neglect registry.
2    (w) Within 120 days of August 20, 1995 (the effective date
3of Public Act 89-392), the Department shall prepare and submit
4to the Governor and the General Assembly, a written plan for
5the development of in-state licensed secure child care
6facilities that care for children who are in need of secure
7living arrangements for their health, safety, and well-being.
8For purposes of this subsection, secure care facility shall
9mean a facility that is designed and operated to ensure that
10all entrances and exits from the facility, a building or a
11distinct part of the building, are under the exclusive control
12of the staff of the facility, whether or not the child has the
13freedom of movement within the perimeter of the facility,
14building, or distinct part of the building. The plan shall
15include descriptions of the types of facilities that are
16needed in Illinois; the cost of developing these secure care
17facilities; the estimated number of placements; the potential
18cost savings resulting from the movement of children currently
19out-of-state who are projected to be returned to Illinois; the
20necessary geographic distribution of these facilities in
21Illinois; and a proposed timetable for development of such
23    (x) The Department shall conduct annual credit history
24checks to determine the financial history of children placed
25under its guardianship pursuant to the Juvenile Court Act of
261987. The Department shall conduct such credit checks starting



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1when a youth in care turns 12 years old and each year
2thereafter for the duration of the guardianship as terminated
3pursuant to the Juvenile Court Act of 1987. The Department
4shall determine if financial exploitation of the child's
5personal information has occurred. If financial exploitation
6appears to have taken place or is presently ongoing, the
7Department shall notify the proper law enforcement agency, the
8proper State's Attorney, or the Attorney General.
9    (y) Beginning on July 22, 2010 (the effective date of
10Public Act 96-1189), a child with a disability who receives
11residential and educational services from the Department shall
12be eligible to receive transition services in accordance with
13Article 14 of the School Code from the age of 14.5 through age
1421, inclusive, notwithstanding the child's residential
15services arrangement. For purposes of this subsection, "child
16with a disability" means a child with a disability as defined
17by the federal Individuals with Disabilities Education
18Improvement Act of 2004.
19    (z) The Department shall access criminal history record
20information as defined as "background information" in this
21subsection and criminal history record information as defined
22in the Illinois Uniform Conviction Information Act for each
23Department employee or Department applicant. Each Department
24employee or Department applicant shall submit his or her
25fingerprints to the Illinois State Police in the form and
26manner prescribed by the Illinois State Police. These



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1fingerprints shall be checked against the fingerprint records
2now and hereafter filed in the Illinois State Police and the
3Federal Bureau of Investigation criminal history records
4databases. The Illinois State Police shall charge a fee for
5conducting the criminal history record check, which shall be
6deposited into the State Police Services Fund and shall not
7exceed the actual cost of the record check. The Illinois State
8Police shall furnish, pursuant to positive identification, all
9Illinois conviction information to the Department of Children
10and Family Services.
11    For purposes of this subsection:
12    "Background information" means all of the following:
13        (i) Upon the request of the Department of Children and
14    Family Services, conviction information obtained from the
15    Illinois State Police as a result of a fingerprint-based
16    criminal history records check of the Illinois criminal
17    history records database and the Federal Bureau of
18    Investigation criminal history records database concerning
19    a Department employee or Department applicant.
20        (ii) Information obtained by the Department of
21    Children and Family Services after performing a check of
22    the Illinois State Police's Sex Offender Database, as
23    authorized by Section 120 of the Sex Offender Community
24    Notification Law, concerning a Department employee or
25    Department applicant.
26        (iii) Information obtained by the Department of



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1    Children and Family Services after performing a check of
2    the Child Abuse and Neglect Tracking System (CANTS)
3    operated and maintained by the Department.
4    "Department employee" means a full-time or temporary
5employee coded or certified within the State of Illinois
6Personnel System.
7    "Department applicant" means an individual who has
8conditional Department full-time or part-time work, a
9contractor, an individual used to replace or supplement staff,
10an academic intern, a volunteer in Department offices or on
11Department contracts, a work-study student, an individual or
12entity licensed by the Department, or an unlicensed service
13provider who works as a condition of a contract or an agreement
14and whose work may bring the unlicensed service provider into
15contact with Department clients or client records.
16(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
17101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
188-20-21; 102-1014, eff. 5-27-22.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.