20 ILCS 505/7

    (20 ILCS 505/7) (from Ch. 23, par. 5007)
    (Text of Section before amendment by P.A. 103-1061)
    Sec. 7. Placement of children; considerations.

(a) In placing any child under this Act, the Department shall place the
 child, as far as possible, in the care and custody of some individual
holding the same religious belief as the parents of the child, or with some
child care facility which is operated by persons of like religious faith as
the parents of such child.

(a-5) In placing a child under this Act, the Department shall place the child with the child's
sibling or siblings under Section 7.4 of this Act unless the placement is not in each child's best
interest, or is otherwise not possible under the Department's rules. If the child is not
placed with a sibling under the Department's rules, the  Department shall consider
placements that are likely to develop, preserve, nurture, and support sibling relationships, where
doing so is in each child's best interest.

(b) In placing a child under this Act, the Department may place a child
with a relative if the Department determines that the relative
will be able to adequately provide for the child's safety and welfare based on the factors set forth in the Department's rules governing relative placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

When the Department first assumes custody of a  child, in placing that child under this Act, the Department shall make reasonable efforts to identify, locate, and provide notice to all adult grandparents and other adult relatives of the child who are ready, willing, and able to care for the child. At a minimum, these efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be cared for in a home environment.  The Department must document its efforts to identify, locate, and provide notice to such potential relative placements and maintain the documentation in the child's case file.

If the Department determines that a placement with any identified relative is not in the child's best interests or that the relative does not meet the requirements to be a relative caregiver, as set forth in Department rules or by statute, the Department must document the basis for that decision and maintain the documentation in the child's case file.

If, pursuant to the Department's rules, any person files an administrative appeal of the Department's decision not to place a child with a relative, it is the Department's burden to prove that the decision is consistent with the child's best interests.

When the Department determines that the child requires placement in an environment, other than a home environment, the Department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, except when the Department determines that those efforts would be futile or inconsistent with the child's best interests.

If the Department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the Department shall document the basis of its determination and maintain the documentation in the child's case file.

If the Department determines that an individual or a group of relatives are inappropriate to serve as visitation resources or possible placement resources, the Department shall document the basis of its determination and maintain the documentation in the child's case file.

When the Department determines that an individual or a group of relatives are appropriate to serve as visitation resources or possible future placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, create a visitation or transition plan, or both, and incorporate the visitation or transition plan, or both, into the child's case plan. For the purpose of this subsection, any determination as to the child's best interests shall include consideration of the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

The Department may not place a child with a relative, with the exception of
certain circumstances which may be waived as defined by the Department in
rules, if the results of a check of the Law Enforcement Agencies

Data System (LEADS) identifies a prior criminal conviction of the relative or
any adult member of the relative's household for any of the following offenses
under the Criminal Code of 1961 or the Criminal Code of 2012:

        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses

described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 11-40, and 11-45;

        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;

        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1

or subdivision (a)(2) of Section 12-3.05;

(12) aggravated battery with a firearm as described

in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05;

(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm as

described in Section 12-4.7 or subdivision (g)(1) of Section 12-3.05;

        (15) aggravated stalking;
        (16) home invasion;
        (17) vehicular invasion;
        (18) criminal transmission of HIV;
        (19) criminal abuse or neglect of an elderly person

or person with a disability as described in Section 12-21 or subsection (b) of Section 12-4.4a;

        (20) child abandonment;
        (21) endangering the life or health of a child;
        (22) ritual mutilation;
        (23) ritualized abuse of a child;
        (24) an offense in any other state the elements of

which are similar and bear a substantial relationship to any of the foregoing offenses.

For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent, who (i) is
currently related to the child in any of the following ways by blood or
adoption: grandparent, sibling, great-grandparent, parent's sibling, sibling's child,
first cousin, second cousin, godparent, or grandparent's sibling; or (ii) is
the spouse of such a
relative; or (iii) is the child's step-parent, or adult step-sibling; or (iv) is a fictive kin; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the person is not
related to the child, when the
child and the child's sibling are placed together with that person.  For children who have been in the guardianship of the Department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department, a "relative" may also include any person who  would have qualified as a relative under this paragraph prior to the adoption, but only if the Department determines, and documents, that it would be in the child's best interests to consider this person a relative, based upon the factors for determining best interests set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987. A relative with
whom a child is placed pursuant to this subsection may, but is not required to,
apply for licensure as a foster family home pursuant to the Child Care Act of
1969; provided, however, that as of July 1, 1995, foster care payments shall be
made only to licensed foster family homes pursuant to the terms of Section 5 of
this Act.

Notwithstanding any other provision under this subsection to the contrary, a fictive kin with whom a child is placed pursuant to this subsection shall apply for licensure as a foster family home pursuant to the Child Care Act of 1969 within 6 months of the child's placement with the fictive kin. The Department shall not remove a child from the home of a fictive kin on the basis that the fictive kin fails to apply for licensure within 6 months of the child's placement with the fictive kin, or fails to meet the standard for licensure.  All other requirements established under the rules and procedures of the Department concerning the placement of a child, for whom the Department is legally responsible, with a relative shall apply. By June 1, 2015, the Department shall promulgate rules establishing criteria and standards for placement, identification, and licensure of fictive kin.

For purposes of this subsection, "fictive kin" means any individual, unrelated by birth or marriage, who:
(i) is shown to have significant and close personal

or emotional ties with the child or the child's family prior to the child's placement with the individual; or

(ii) is the current foster parent of a child in the

custody or guardianship of the Department pursuant to this Act and the Juvenile Court Act of 1987, if the child has been placed in the home for at least one year and has established a significant and family-like relationship with the foster parent, and the foster parent has been identified by the Department as the child's permanent connection, as defined by Department rule.

The provisions added to this subsection (b) by Public Act 98-846 shall become operative on and after June 1, 2015.

(c) In placing a child under this Act, the Department shall ensure that
the child's health, safety, and best interests are met.
In rejecting placement of a child with an identified relative, the Department shall ensure that the child's health, safety, and best interests are met. In evaluating the best interests of the child, the Department shall take into consideration the factors set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be placed
outside the child's home and cannot be immediately returned to the child's 
parents or guardian, a comprehensive, individualized assessment shall be
performed of that child at which time the needs of the child shall be
determined.  Only if race, color, or national origin is identified as a
legitimate factor in advancing the child's best interests shall it be
considered.  Race, color, or national origin shall not be routinely
considered in making a placement decision.  The Department shall make
special
efforts for the diligent recruitment of potential foster and adoptive families
that reflect the ethnic and racial diversity of the children for whom foster
and adoptive homes are needed.  "Special efforts" shall include contacting and
working with community organizations and religious organizations and may
include contracting with those organizations, utilizing local media and other
local resources, and conducting outreach activities.

(c-1) At the time of placement, the Department shall consider concurrent
planning, as described in subsection (l-1) of Section 5, so that permanency may
occur at the earliest opportunity.  Consideration should be given so that if
reunification fails or is delayed, the placement made is the best available
placement to provide permanency for the child. To the extent that doing so is in the child's best interests as set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987, the Department should consider placements that will permit the child to maintain a meaningful relationship with the child's parents.

(d) The Department may accept gifts, grants, offers of services, and
other contributions to use in making special recruitment efforts.

(e) The Department in placing children in adoptive or foster care homes
may not, in any policy or practice relating to the placement of children for
adoption or foster care, discriminate against any child or prospective adoptive
or foster parent on the basis of race.

(Source: P.A. 103-22, eff. 8-8-23.)

    (Text of Section after amendment by P.A. 103-1061)
    Sec. 7. Placement of children; considerations.

(a) In placing any child under this Act, the Department shall place the child, as far as possible, in the care and custody of some individual holding the same religious belief as the parents of the child, or with some child care facility which is operated by persons of like religious faith as the parents of such child.

(a-5) In placing a child under this Act, the Department shall place the child with the child's sibling or siblings under Section 7.4 of this Act unless the placement is not in each child's best interest, or is otherwise not possible under the Department's rules. If the child is not placed with a sibling under the Department's rules, the Department shall consider placements that are likely to develop, preserve, nurture, and support sibling relationships, where doing so is in each child's best interest.

(b) In placing a child under this Act, the Department shall place a child with a relative if the Department determines that the relative will be able to adequately provide for the child's safety and welfare based on the factors set forth in the Department's rules governing such placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

When the Department first assumes custody of a child, in placing that child under this Act, the Department shall make reasonable efforts to identify, locate, and provide notice to all adult grandparents and other adult relatives of the child who are ready, willing, and able to care for the child. At a minimum, these diligent efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be cared for in a home environment. The Department must document its efforts to identify, locate, and provide notice to such potential relative placements and maintain the documentation in the child's case file. The Department shall complete the following initial family finding and relative engagement efforts:

(1) The Department shall conduct an investigation in

order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the minor including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903). The Department shall make diligent efforts to investigate the names and locations of the relatives, including, but not limited to, asking the child in an age-appropriate manner and consistent with the child's best interest about any parent, alleged parent, and relatives important to the child, and obtaining information regarding the location of the child's parents, alleged parents, and adult relatives.

As used in this subsection (b), "family finding and

relative engagement" means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify any person who would be eligible to be a relative caregiver as defined in Section 4d of this Act and to connect a child, consistent with the child's best interest, who may be disconnected from the child's parents, with those relatives and kin in an effort to provide family support or possible placement. If it is known or there is reason to know that the child is an Indian child, as defined in Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903), "family finding and relative engagement" also includes contacting the Indian child's tribe to identify relatives and kin. No later than July 1, 2025, the Department shall adopt rules setting forth specific criteria as to family finding and relative engagement efforts under this subsection (b) and under Section 2-27.3 of the Juvenile Court Act of 1987, including determining the manner in which efforts may or may not be appropriate, consistent with the best interests of the child.

(2) In accordance with Section 471(a)(29) of the

Social Security Act, the Department shall make diligent efforts to provide all adult relatives who are located with written notification and oral notification, in person or by telephone, of all the following information:

(i) the minor has been removed from the custody

of the minor's parent or guardian; and

(ii) an explanation of the various options to

participate in the care and placement of the minor and support for the minor's family, including any options that may expire by failing to respond. The notice shall provide information about providing care for the minor while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a certified relative caregiver home, and additional services and support that are available in substitute care. The notice shall also include information regarding, adoption and subsidized guardianship assistance options, health care coverage for youth in care under the medical assistance program established under Article V of the Illinois Public Aid Code, and other options for contact with the minor, including, but not limited to, visitation. Upon establishing the Department's kinship navigator program, the notice shall also include information regarding that benefit.

No later than July 1, 2025, the Department shall adopt or amend existing rules to implement the requirements of this subsection, including what constitutes "diligent efforts" and when exceptions, consistent with federal law, are appropriate.

(b-5)(1) If the Department determines that a placement with any identified relative is not in the child's best interests or that the relative does not meet the requirements to be a relative caregiver, as set forth in Department rules or by statute, the Department must document the basis for that decision, maintain the documentation in the child's case file, inform the identified relative of the relative's right to reconsideration of the decision to deny placement with the identified relative, provide the identified relative with a description of the reconsideration process established in accordance with subsection (o) of Section 5 of this Act, and report this information to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987.

If, pursuant to the Department's rules, any person files an administrative appeal of the Department's decision not to place a child with a relative, it is the Department's burden to prove that the decision is consistent with the child's best interests. The Department shall report information related to these appeals pursuant to Section 46 of this Act.

 When the Department determines that the child requires placement in an environment, other than a home environment, the Department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, unless excused by the court, as outlined in Section 2-27.3 of the Juvenile Court Act of 1987.

If the Department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the Department shall document the basis of its determination and maintain the documentation in the child's case file.

If the Department determines that an individual or a group of relatives are inappropriate to serve as visitation resources or possible placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, inform the identified relative of the relative's right to a reconsideration of the decision to deny visitation with the identified relative, provide the identified relative with a description of the reconsideration process established in accordance with subsection (o) of Section 5 of this Act, and report this information to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987.

When the Department determines that an individual or a group of relatives are appropriate to serve as visitation resources or possible future placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, create a visitation or transition plan, or both, and incorporate the visitation or transition plan, or both, into the child's case plan. The Department shall report this information to the court as part of the Department's family finding and relative engagement efforts required under Section 2-27.3 of the Juvenile Court Act of 1987. For the purpose of this subsection, any determination as to the child's best interests shall include consideration of the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

(2) The Department may initially place a child in a foster family home as defined under Section 2.17 of the Child Care Act of 1969 or a certified relative caregiver home as defined under Section 4d of this Act. Initial placement may also be made with a relative who is not yet a certified relative caregiver if all of the following conditions are met:

(A) The prospective relative caregiver and all other

adults in the home must authorize and submit to a background screening that includes the components set forth in subsection (c) of Section 3.4 of the Child Care Act of 1969. If the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of (i) the prospective relative caregiver for an offense not prohibited under subsection (c) of Section 3.4 of the Child Care Act of 1969 or (ii) any other adult in the home for a felony offense, the Department shall thoroughly investigate and evaluate the criminal history, including an assessment of the person's character and the impact that the criminal history has on the prospective relative caregiver's ability to parent the child. The investigation must consider the type of crime, the number of crimes, the nature of the offense, the age of the person at the time of the crime, the length of time that has elapsed since the last conviction, the relationship of the crime to the ability to care for children, the role that the person will have with the child, and any evidence of rehabilitation. Initial placement may not be made if the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of the prospective relative caregiver for an offense prohibited under subsection (c) of Section 3.4 of the Child Care Act of 1969; however, a waiver may be granted for placement of the child in accordance with subsection (v-4) of Section 5.

(B) The home safety and needs assessment requirements

set forth in paragraph (1) of subsection (b) of Section 3.4 of the Child Care Act of 1969 are satisfied.

(C) The prospective relative caregiver is able to

meet the physical, emotional, medical, and educational needs of the specific child or children being placed by the Department.

No later than July 1, 2025, the Department shall adopt rules or amend existing rules to implement the provisions of this subsection (b-5). The rules shall outline the essential elements of each form used in the implementation and enforcement of the provisions of this amendatory Act of the 103rd General Assembly.

No later than July 1, 2025, relative caregiver payments shall be made to relative caregiver homes as provided under Section 5 of this Act. A relative with whom a child is placed pursuant to this subsection may, but is not required to, apply for licensure as a foster family home pursuant to the Child Care Act of 1969; provided, however, that as of July 1, 1995, foster care payments shall be made only to licensed foster family homes pursuant to the terms of Section 5 of this Act.

The provisions added to this subsection (b) by Public Act 98-846 shall become operative on and after June 1, 2015.

(c) In placing a child under this Act, the Department shall ensure that the child's health, safety, and best interests are met. In rejecting placement of a child with an identified relative, the Department shall (i) ensure that the child's health, safety, and best interests are met, (ii) inform the identified relative of the relative's right to reconsideration of the decision and provide the identified relative with a description of the reconsideration process established in accordance with subsection (o) of Section 5 of this Act, (iii) report that the Department rejected the relative placement to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987, and (iv) report the reason for denial in accordance with Section 46 of this Act. In evaluating the best interests of the child, the Department shall take into consideration the factors set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

The Department shall consider the individual needs of the child and the capacity of the prospective caregivers or prospective adoptive parents to meet the needs of the child. When a child must be placed outside the child's home and cannot be immediately returned to the child's parents or guardian, a comprehensive, individualized assessment shall be performed of that child at which time the needs of the child shall be determined. Only if race, color, or national origin is identified as a legitimate factor in advancing the child's best interests shall it be considered. Race, color, or national origin shall not be routinely considered in making a placement decision. The Department shall make special efforts for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of the children for whom foster and adoptive homes are needed. "Special efforts" shall include contacting and working with community organizations and religious organizations and may include contracting with those organizations, utilizing local media and other local resources, and conducting outreach activities.

(c-1) At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of Section 5, so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child. To the extent that doing so is in the child's best interests as set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987, the Department should consider placements that will permit the child to maintain a meaningful relationship with the child's parents.

(d) The Department may accept gifts, grants, offers of services, and other contributions to use in making special recruitment efforts.

(e) The Department in placing children in relative caregiver, certified relative caregiver, adoptive, or foster care homes may not, in any policy or practice relating to the placement of children for adoption or foster care, discriminate against any child or prospective caregiver or adoptive parent on the basis of race.

(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25.)