(20 ILCS 505/2.2) Sec. 2.2. Annual reports on youth in care waiting for placement. No later than December 31, 2018, and on December 31 of each year thereafter, the Department shall prepare and submit an annual report, covering the previous fiscal year, to the General Assembly regarding youth in care waiting for placements or psychiatric hospitalization. The report shall also be posted on the Department's website. The report shall include: (1) the number of youth in care who remained in |
| emergency placements, including but not limited to shelters and emergency foster homes, for longer than 30 days, their genders and ages, their recommended placement type, the total length of time each youth remained in emergency care, the barriers to timely placement, and whether they were placed in the recommended placement type after they were removed from the emergency placement, and if not, what type of placement they were placed in;
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(2) the number of youth in care who remained in
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| psychiatric hospitals beyond the time they were clinically ready for discharge or beyond medical necessity, whichever is sooner, their genders and ages, their recommended placement type, the total length of time each youth remained psychiatrically hospitalized beyond necessity, the barriers to timely placement, and whether they were placed in the recommended placement type after they were removed from the psychiatric hospital, and if not, what type of placement they were placed in;
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(3) the number of youth in care who remained in a
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| detention center or Department of Juvenile Justice facility solely because the Department cannot locate an appropriate placement for the youth, their genders and ages, their recommended placement type, the total length of time each youth remained in the detention center or Department of Juvenile Justice facility after they could have been released, the barriers to timely placement, and whether they were placed in the recommended placement type after being released from detention of the Juvenile Justice facility, and if not, what type of placement they were placed in;
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(3.1) the number of youth in care placed in
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| out-of-state residential treatment facilities, whether each youth was referred to any in-state programs for placement and, if so, the number of in-state referrals for each youth prior to referring the youth to out-of-state programs; whether the youth was psychiatrically hospitalized beyond medical necessity prior to being sent out of state; the state each youth is placed in; and whether the youth is placed in a secure facility out of state;
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(3.2) the number of youth not in the temporary
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| custody or guardianship of the Department who are or were the subjects of child protection investigations coded as 84b (lock-out, psychiatrically hospitalized) under the Department's Neglect Allegation Classification system, including youth for whom the Department is required to make payments in accordance with Section 5-5.07 of the Illinois Public Aid Code because they were hospitalized in inpatient psychiatric hospitals or units and were beyond medical necessity during the Department's involvement with the case. At a minimum, the report shall include the following information regarding each youth: age, region, date of hospitalization, date the youth was beyond medical necessity, date and reason for the Department's involvement, length of time the youth was beyond medical necessity, whether the youth was referred for services under the Department of Healthcare and Family Services' Family Support Program, whether the youth was referred for intact family services, whether and when the Department petitioned for custody of the youth, and the youth's living arrangement upon being discharged from the hospital;
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(3.3) the number of youth in care who remain in
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| emergency rooms for longer than 24 hours waiting for admission to a psychiatric hospital bed. At a minimum, the report shall include the following information regarding each youth: age, region, date of admission to the emergency room, length of time the youth was in the emergency room, date and time the youth was discharged from the emergency room, hospital or placement the youth was discharged to, and a description of any critical incidents that occurred during the hospitalization, including, but not limited to, the use of emergency psychotropic medication or the use of any type of restraint.
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(4) a description of how the Department collected the
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| information reported and any difficulties the Department had in collecting the information and whether there are concerns about the validity of the information; and
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(5) a description of any steps the Department is
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| taking to reduce the length of time youth in care wait in psychiatric hospitals, emergency placements, detention centers, and Department of Juvenile Justice facilities for clinically appropriate placements.
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(Source: P.A. 102-76, eff. 7-9-21.)
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(20 ILCS 505/4e) Sec. 4e. Prohibited restraints for youth in care during transport. (a) Purpose and policy. It is the policy of this State to treat youth in the care of the Department with dignity and respect at
all times, including during transport of the youth. (b) Definitions. As used in this Section: "Chemical restraint" means the use of medication that restricts a youth's freedom during a
behavioral crisis or emergency and that is not a part of the youth's standard treatment or dosage
for a behavioral, emotional, or psychiatric condition. "Manual restraint" means a behavior management technique involving the use of physical contact
or force, characterized by measures such as arm or body holds. "Mechanical restraints" means any device, material, or equipment (including, but not limited to,
straight jacket, arm or leg restraints, four-point restraints, and zip ties), other than personal physical force,
used to immobilize or directly restrict the limbs, head, or body of a youth. "Residential treatment center" has the meaning ascribed to that term in paragraph (12.3) of Section 1-3 of the Juvenile Court Act of 1987. "Restraints" means chemical restraints, manual restraints, and mechanical restraints, but does not include child restraint systems as defined in the Child Passenger Protection Act
or devices, ordinarily worn by the youth during transport, for medical immobilization, adaptive support, or medical protection such as orthopedically
prescribed devices, straps, or protective helmets. "Transport" means transportation of a youth provided or arranged by the Department. "Transport"
does not include the emergency transportation of youth in care by an ambulance service provider in an
emergency situation or inter-hospital non-emergency transportation. "Youth" means a youth in care as defined in Section 4d of this Act and youth in the protective custody of the Department. (c) Prohibition on the use of restraints during transport. Notwithstanding any law
to the contrary, no youth shall be subjected to restraints during the provision of any transportation
services provided or arranged by the Department or its contractual assigns. (d) Violations. Any known, alleged, or suspected violation of this Section shall immediately be reported
to the Department's Office of the Inspector General, the court presiding over the youth's case
in accordance with the Juvenile Court Act of 1987, and the youth's attorney and guardian ad litem. A known, alleged, or suspected violation of this Section constitutes a "significant event" and requires a significant event report by the Department as defined in paragraph (14.2) of Section 1-3 of the Juvenile Court Act of 1987. (e) Individualized trauma-sensitive transportation plans. (1) The Department must prepare a written |
| individualized trauma-sensitive transportation plan for any youth when:
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(A) the youth is being transported to or from a
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| psychiatric hospital or residential treatment center;
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(B) the youth's caseworker or clinical team
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| identifies the need for a transportation plan; or
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(C) a court has ordered a transportation plan.
For youth who are psychiatrically hospitalized, the
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| Department shall begin discharge and placement planning from the moment of admission, including developing the transportation plan required by this Section and seeking court approval as necessary.
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(2) The Department must obtain written approval from
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| its Chief Deputy Director and the Chief Deputy Director of its Clinical Division and court approval of the transportation plan in accordance with Section 1-4.2 of the Juvenile Court Act of 1987 when:
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(A) the youth is being transported to an
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| out-of-state residential treatment center;
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(B) the youth is being transported from an
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| out-of-state residential treatment center to another residential treatment center or psychiatric hospital in any state;
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(C) the youth is being transported from a
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| psychiatric hospital to a residential treatment center in this State and the anticipated travel time is greater than 3 hours; or
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(D) a court has ordered that the transportation
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| plan be approved by the court.
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(3) The written individualized trauma-sensitive
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| transportation plan must be developed in consultation with: (i) the youth's caseworker; (ii) the youth's clinical treatment teams at the location the youth is leaving and the location the youth is being transported to; and (iii) the youth, to the extent possible and appropriate.
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(4) The written individualized trauma-sensitive
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| transportation plan must at a minimum:
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(A) State the purpose of the transport, the
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| location the youth is being transported from and to, and the anticipated length of transport and time of day the transport will occur, and, if applicable, identify the plan for restroom and meal breaks and provisions for overnight stays.
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(B) Include a written assessment of the youth's
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| clinical condition and any safety concerns that may arise during transport.
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(C) Identify any measures that may be taken to
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| address the identified safety concerns, including a description of specific, individualized steps and techniques that will be used during transport to maintain the well-being of the youth. The description shall include specific de-escalation techniques that have been effective with the youth.
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(D) Include a written assessment of the youth's
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| medical condition and any concerns that may arise during transport. If the youth needs to take regularly prescribed medication during transport, the plan must identify the person responsible for dispensing the medication.
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(E) Identify the caseworker or mental health
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| professional, known to the youth, who will accompany the youth during transport. If the plan must be approved by the court and the youth is being driven in a passenger vehicle at any point during transport, there must be at least one caseworker or mental health professional known to the youth other than the person driving the vehicle to ensure the youth's emotional and physical well-being during transport. The plan shall identify any additional individuals who will accompany the youth to ensure the youth's emotional and physical well-being during transport.
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(F) Set forth the plan for handling emergencies
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| that may arise during transport.
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(G) Identify when and how the plan will be
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(f) Reporting.
(1) Any time a youth is transported in accordance
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| with a court-approved transportation plan, the transport constitutes a "significant event" and requires a significant event report by the Department as defined in paragraph (14.2) of Section 1-3 of the Juvenile Court Act of 1987.
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(2) Beginning December 1, 2021, and annually
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| thereafter, the Department shall post on its website data from the preceding fiscal year regarding:
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(A) the number of transportation plans authorized
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| in accordance with Section 1-4.2 of the Juvenile Court Act of 1987;
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(B) whether there were any significant events,
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| excluding significant event reports required under paragraph (1), and the number and description or type of any significant events that occurred during each transport made in accordance with this Section;
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(C) the number of transportation plans modified
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| or denied in accordance with Section 1-4.2 of the Juvenile Court Act of 1987, including information regarding why the court modified or denied the transportation plan; and
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(D) the number of violations of this Section and
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| for each violation, a detailed description of the date and circumstances.
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(Source: P.A. 102-649, eff. 8-27-21.)
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(20 ILCS 505/5) Sec. 5. Direct child welfare services; Department of Children and Family Services. To provide direct child welfare services when not available through other public or private child care or program facilities. (a) For purposes of this Section: (1) "Children" means persons found within the State |
| who are under the age of 18 years. The term also includes persons under age 21 who:
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(A) were committed to the Department pursuant to
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| the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court; or
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(B) were accepted for care, service and training
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| by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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| State who are under the age of 19, are not in a safe and stable living situation and cannot be reunited with their families.
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(3) "Child welfare services" means public social
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| services which are directed toward the accomplishment of the following purposes:
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(A) protecting and promoting the health, safety
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| and welfare of children, including homeless, dependent, or neglected children;
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(B) remedying, or assisting in the solution of
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| problems which may result in, the neglect, abuse, exploitation, or delinquency of children;
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(C) preventing the unnecessary separation of
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| children from their families by identifying family problems, assisting families in resolving their problems, and preventing the breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child's health and safety;
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(D) restoring to their families children who have
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| been removed, by the provision of services to the child and the families when the child can be cared for at home without endangering the child's health and safety;
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(E) placing children in suitable permanent family
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| arrangements, through guardianship or adoption, in cases where restoration to the birth family is not safe, possible, or appropriate;
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(F) at the time of placement, conducting
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| concurrent planning, as described in subsection (l-1) of this Section, 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;
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(G) (blank);
(H) (blank); and
(I) placing and maintaining children in
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| facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure child care facility. The Department is not required to place or maintain children:
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(i) who are in a foster home, or
(ii) who are persons with a developmental
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| disability, as defined in the Mental Health and Developmental Disabilities Code, or
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(iii) who are female children who are
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| pregnant, pregnant and parenting, or parenting, or
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(iv) who are siblings, in facilities that
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| provide separate living quarters for children 18 years of age and older and for children under 18 years of age.
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(b) (Blank).
(b-5) The Department shall adopt rules to establish a process for all licensed residential providers in Illinois to submit data as required by the Department if they contract or receive reimbursement for children's mental health, substance use, and developmental disability services from the Department of Human Services, the Department of Juvenile Justice, or the Department of Healthcare and Family Services. The requested data must include, but is not limited to, capacity, staffing, and occupancy data for the purpose of establishing State need and placement availability.
All information collected, shared, or stored pursuant to this subsection shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Mental Health and Developmental Disabilities Confidentiality Act.
(c) The Department shall establish and maintain tax-supported child welfare services and extend and seek to improve voluntary services throughout the State, to the end that services and care shall be available on an equal basis throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for any new program initiative to any agency contracting with the Department. As a prerequisite for an advance disbursement, the contractor must post a surety bond in the amount of the advance disbursement and have a purchase of service contract approved by the Department. The Department may pay up to 2 months operational expenses in advance. The amount of the advance disbursement shall be prorated over the life of the contract or the remaining months of the fiscal year, whichever is less, and the installment amount shall then be deducted from future bills. Advance disbursement authorizations for new initiatives shall not be made to any agency after that agency has operated during 2 consecutive fiscal years. The requirements of this Section concerning advance disbursements shall not apply with respect to the following: payments to local public agencies for child day care services as authorized by Section 5a of this Act; and youth service programs receiving grant funds under Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations concerning its operation of programs designed to meet the goals of child safety and protection, family preservation, family reunification, and adoption, including, but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
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| Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980; and
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(10) interstate services.
Rules and regulations established by the Department shall include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in screening techniques to identify substance use disorders, as defined in the Substance Use Disorder Act, approved by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred for an assessment at an organization appropriately licensed by the Department of Human Services for substance use disorder treatment.
(h) If the Department finds that there is no appropriate program or facility within or available to the Department for a youth in care and that no licensed private facility has an adequate and appropriate program or none agrees to accept the youth in care, the Department shall create an appropriate individualized, program-oriented plan for such youth in care. The plan may be developed within the Department or through purchase of services by the Department to the extent that it is within its statutory authority to do.
(i) Service programs shall be available throughout the State and shall include but not be limited to the following services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the services it makes available to children or families or for which it refers children or families.
(j) The Department may provide categories of financial assistance and education assistance grants, and shall establish rules and regulations concerning the assistance and grants, to persons who adopt children with physical or mental disabilities, children who are older, or other hard-to-place children who (i) immediately prior to their adoption were youth in care or (ii) were determined eligible for financial assistance with respect to a prior adoption and who become available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died. The Department may continue to provide financial assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents. The Department may also provide categories of financial assistance and education assistance grants, and shall establish rules and regulations for the assistance and grants, to persons appointed guardian of the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 for children who were youth in care for 12 months immediately prior to the appointment of the guardian.
The amount of assistance may vary, depending upon the needs of the child and the adoptive parents, as set forth in the annual assistance agreement. Special purpose grants are allowed where the child requires special service but such costs may not exceed the amounts which similar services would cost the Department if it were to provide or secure them as guardian of the child.
Any financial assistance provided under this subsection is inalienable by assignment, sale, execution, attachment, garnishment, or any other remedy for recovery or collection of a judgment or debt.
(j-5) The Department shall not deny or delay the placement of a child for adoption if an approved family is available either outside of the Department region handling the case, or outside of the State of Illinois.
(k) The Department shall accept for care and training any child who has been adjudicated neglected or abused, or dependent committed to it pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation services, as defined in Section 8.2 of the Abused and Neglected Child Reporting Act, to help families, including adoptive and extended families. Family preservation services shall be offered (i) to prevent the placement of children in substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare, (ii) to reunite children with their families, or (iii) to maintain an adoptive placement. Family preservation services shall only be offered when doing so will not endanger the children's health or safety. With respect to children who are in substitute care pursuant to the Juvenile Court Act of 1987, family preservation services shall not be offered if a goal other than those of subdivisions (A), (B), or (B-1) of subsection (2) of Section 2-28 of that Act has been set, except that reunification services may be offered as provided in paragraph (F) of subsection (2) of Section 2-28 of that Act. Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.
The Department shall notify the child and the child's family of the Department's responsibility to offer and provide family preservation services as identified in the service plan. The child and the child's family shall be eligible for services as soon as the report is determined to be "indicated". The Department may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been filed, prior to concluding its investigation under Section 7.12 of the Abused and Neglected Child Reporting Act. However, the child's or family's willingness to accept services shall not be considered in the investigation. The Department may also provide services to any child or family who is the subject of any report of suspected child abuse or neglect or may refer such child or family to services available from other agencies in the community, even if the report is determined to be unfounded, if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of such services shall be voluntary. The Department may also provide services to any child or family after completion of a family assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.
The Department may, at its discretion except for those children also adjudicated neglected or dependent, accept for care and training any child who has been adjudicated addicted, as a truant minor in need of supervision or as a minor requiring authoritative intervention, under the Juvenile Court Act or the Juvenile Court Act of 1987, but no such child shall be committed to the Department by any court without the approval of the Department. On and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 16 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. On and after January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 15 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency. The Department shall assign a caseworker to attend any hearing involving a youth in the care and custody of the Department who is placed on aftercare release, including hearings involving sanctions for violation of aftercare release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective date of Public Act 96-134), the Department shall develop and implement a special program of family preservation services to support intact, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child. The Department may offer services to any family whether or not a report has been filed under the Abused and Neglected Child Reporting Act. The Department may refer the child or family to services available from other agencies in the community if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of these services shall be voluntary. The Department shall develop and implement a public information campaign to alert health and social service providers and the general public about these special family preservation services. The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually allocates for this purpose. The term "pervasive developmental disorder" under this paragraph means a neurological condition, including, but not limited to, Asperger's Syndrome and autism, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
(l-1) The General Assembly recognizes that the best interests of the child require that the child be placed in the most permanent living arrangement as soon as is practically possible. To achieve this goal, the General Assembly directs the Department of Children and Family Services to conduct concurrent planning so that permanency may occur at the earliest opportunity. Permanent living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child's health or safety; reunification with the family, when safe and appropriate, if temporary placement is necessary; or movement of the child toward the most permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern.
When a child is placed in foster care, the Department shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove the child from the child's home. The Department must make reasonable efforts to reunify the family when temporary placement of the child occurs unless otherwise required, pursuant to the Juvenile Court Act of 1987. At any time after the dispositional hearing where the Department believes that further reunification services would be ineffective, it may request a finding from the court that reasonable efforts are no longer appropriate. The Department is not required to provide further reunification services after such a finding.
A decision to place a child in substitute care shall be made with considerations of the child's health, safety, and best interests. At the time of placement, consideration should also be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child.
The Department shall adopt rules addressing concurrent planning for reunification and permanency. The Department shall consider the following factors when determining appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
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(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
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(6) the willingness and ability of the foster family
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| to provide an adoptive home or long-term placement;
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(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any child if:
(1) it has received a written consent to such
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| temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or
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(2) the child is found in the State and neither a
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| parent, guardian nor custodian of the child can be located.
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If the child is found in the child's residence without a parent, guardian, custodian, or responsible caretaker, the Department may, instead of removing the child and assuming temporary custody, place an authorized representative of the Department in that residence until such time as a parent, guardian, or custodian enters the home and expresses a willingness and apparent ability to ensure the child's health and safety and resume permanent charge of the child, or until a relative enters the home and is willing and able to ensure the child's health and safety and assume charge of the child until a parent, guardian, or custodian enters the home and expresses such willingness and ability to ensure the child's safety and resume permanent charge. After a caretaker has remained in the home for a period not to exceed 12 hours, the Department must follow those procedures outlined in Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities and duties that a legal custodian of the child would have pursuant to subsection (9) of Section 1-3 of the Juvenile Court Act of 1987. Whenever a child is taken into temporary custody pursuant to an investigation under the Abused and Neglected Child Reporting Act, or pursuant to a referral and acceptance under the Juvenile Court Act of 1987 of a minor in limited custody, the Department, during the period of temporary custody and before the child is brought before a judicial officer as required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987, shall have the authority, responsibilities and duties that a legal custodian of the child would have under subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into custody is scheduled for an appointment for a medical examination.
A parent, guardian, or custodian of a child in the temporary custody of the Department who would have custody of the child if the child were not in the temporary custody of the Department may deliver to the Department a signed request that the Department surrender the temporary custody of the child. The Department may retain temporary custody of the child for 10 days after the receipt of the request, during which period the Department may cause to be filed a petition pursuant to the Juvenile Court Act of 1987. If a petition is so filed, the Department shall retain temporary custody of the child until the court orders otherwise. If a petition is not filed within the 10-day period, the child shall be surrendered to the custody of the requesting parent, guardian, or custodian not later than the expiration of the 10-day period, at which time the authority and duties of the Department with respect to the temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of age in a secure child care facility licensed by the Department that cares for children who are in need of secure living arrangements for their health, safety, and well-being after a determination is made by the facility director and the Director or the Director's designate prior to admission to the facility subject to Section 2-27.1 of the Juvenile Court Act of 1987. This subsection (m-1) does not apply to a child who is subject to placement in a correctional facility operated pursuant to Section 3-15-2 of the Unified Code of Corrections, unless the child is a youth in care who was placed in the care of the Department before being subject to placement in a correctional facility and a court of competent jurisdiction has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their best interest. Payment for board, clothing, care, training and supervision of any child placed in a licensed child care facility may be made by the Department, by the parents or guardians of the estates of those children, or by both the Department and the parents or guardians, except that no payments shall be made by the Department for any child placed in a licensed child care facility for board, clothing, care, training, and supervision of such a child that exceed the average per capita cost of maintaining and of caring for a child in institutions for dependent or neglected children operated by the Department. However, such restriction on payments does not apply in cases where children require specialized care and treatment for problems of severe emotional disturbance, physical disability, social adjustment, or any combination thereof and suitable facilities for the placement of such children are not available at payment rates within the limitations set forth in this Section. All reimbursements for services delivered shall be absolutely inalienable by assignment, sale, attachment, or garnishment or otherwise.
(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. The Department shall have responsibility for the development and delivery of services under this Section. An eligible youth may access services under this Section through the Department of Children and Family Services or by referral from the Department of Human Services. Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how the youth will increase skills to achieve self-sufficiency. A homeless shelter is not considered appropriate housing for any youth receiving child welfare services under this Section. The Department shall continue child welfare services under this Section to any eligible minor until the minor becomes 21 years of age, no longer consents to participate, or achieves self-sufficiency as identified in the minor's service plan. The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained. The Department of Children and Family Services and the Department of Human Services shall disseminate this information statewide. The Department shall adopt regulations describing services intended to assist minors in achieving sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative review and appeal process for children and families who request or receive child welfare services from the Department. Youth in care who are placed by private child welfare agencies, and foster families with whom those youth are placed, shall be afforded the same procedural and appeal rights as children and families in the case of placement by the Department, including the right to an initial review of a private agency decision by that agency. The Department shall ensure that any private child welfare agency, which accepts youth in care for placement, affords those rights to children and foster families. The Department shall accept for administrative review and an appeal hearing a complaint made by (i) a child or foster family concerning a decision following an initial review by a private child welfare agency or (ii) a prospective adoptive parent who alleges a violation of subsection (j-5) of this Section. An appeal of a decision concerning a change in the placement of a child shall be conducted in an expedited manner. A court determination that a current foster home placement is necessary and appropriate under Section 2-28 of the Juvenile Court Act of 1987 does not constitute a judicial determination on the merits of an administrative appeal, filed by a former foster parent, involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety, for the benefit of children any gift, donation, or bequest of money or other property which is received on behalf of such children, or any financial benefits to which such children are or may become entitled while under the jurisdiction or care of the Department, except that the benefits described in Section 5.46 must be used and conserved consistent with the provisions under Section 5.46.
The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally responsible and who have been determined eligible for Veterans' Benefits, Social Security benefits, assistance allotments from the armed forces, court ordered payments, parental voluntary payments, Supplemental Security Income, Railroad Retirement payments, Black Lung benefits, or other miscellaneous payments. Interest earned by each account shall be credited to the account, unless disbursed in accordance with this subsection.
In disbursing funds from children's accounts, the Department shall:
(1) Establish standards in accordance with State and
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| federal laws for disbursing money from children's accounts. In all circumstances, the Department's Guardianship Administrator or the Guardianship Administrator's designee must approve disbursements from children's accounts. The Department shall be responsible for keeping complete records of all disbursements for each account for any purpose.
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(2) Calculate on a monthly basis the amounts paid
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| from State funds for the child's board and care, medical care not covered under Medicaid, and social services; and utilize funds from the child's account, as covered by regulation, to reimburse those costs. Monthly, disbursements from all children's accounts, up to 1/12 of $13,000,000, shall be deposited by the Department into the General Revenue Fund and the balance over 1/12 of $13,000,000 into the DCFS Children's Services Fund.
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(3) Maintain any balance remaining after reimbursing
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| for the child's costs of care, as specified in item (2). The balance shall accumulate in accordance with relevant State and federal laws and shall be disbursed to the child or the child's guardian or to the issuing agency.
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(r) The Department shall promulgate regulations encouraging all adoption agencies to voluntarily forward to the Department or its agent names and addresses of all persons who have applied for and have been approved for adoption of a hard-to-place child or child with a disability and the names of such children who have not been placed for adoption. A list of such names and addresses shall be maintained by the Department or its agent, and coded lists which maintain the confidentiality of the person seeking to adopt the child and of the child shall be made available, without charge, to every adoption agency in the State to assist the agencies in placing such children for adoption. The Department may delegate to an agent its duty to maintain and make available such lists. The Department shall ensure that such agent maintains the confidentiality of the person seeking to adopt the child and of the child.
(s) The Department of Children and Family Services may establish and implement a program to reimburse Department and private child welfare agency foster parents licensed by the Department of Children and Family Services for damages sustained by the foster parents as a result of the malicious or negligent acts of foster children, as well as providing third party coverage for such foster parents with regard to actions of foster children to other individuals. Such coverage will be secondary to the foster parent liability insurance policy, if applicable. The program shall be funded through appropriations from the General Revenue Fund, specifically designated for such purposes.
(t) The Department shall perform home studies and investigations and shall exercise supervision over visitation as ordered by a court pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court
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| specifically directs the Department to perform such services; and
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(2) the court has ordered one or both of the parties
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| to the proceeding to reimburse the Department for its reasonable costs for providing such services in accordance with Department rules, or has determined that neither party is financially able to pay.
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The Department shall provide written notification to the court of the specific arrangements for supervised visitation and projected monthly costs within 60 days of the court order. The Department shall send to the court information related to the costs incurred except in cases where the court has determined the parties are financially unable to pay. The court may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided, whenever the Department places a child with a prospective adoptive parent or parents, in a licensed foster home, group home, or child care institution, or in a relative home, the Department shall provide to the prospective adoptive parent or parents or other caretaker:
(1) available detailed information concerning the
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| child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes excluding any information that identifies or reveals the location of any previous caretaker;
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(2) a copy of the child's portion of the client
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| service plan, including any visitation arrangement, and all amendments or revisions to it as related to the child; and
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(3) information containing details of the child's
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| individualized educational plan when the child is receiving special education services.
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The caretaker shall be informed of any known social or behavioral information (including, but not limited to, criminal background, fire setting, perpetuation of sexual abuse, destructive behavior, and substance abuse) necessary to care for and safeguard the children to be placed or currently in the home. The Department may prepare a written summary of the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in advance of a placement. The foster or prospective adoptive parent may review the supporting documents in the child's file in the presence of casework staff. In the case of an emergency placement, casework staff shall at least provide known information verbally, if necessary, and must subsequently provide the information in writing as required by this subsection.
The information described in this subsection shall be provided in writing. In the case of emergency placements when time does not allow prior review, preparation, and collection of written information, the Department shall provide such information as it becomes available. Within 10 business days after placement, the Department shall obtain from the prospective adoptive parent or parents or other caretaker a signed verification of receipt of the information provided. Within 10 business days after placement, the Department shall provide to the child's guardian ad litem a copy of the information provided to the prospective adoptive parent or parents or other caretaker. The information provided to the prospective adoptive parent or parents or other caretaker shall be reviewed and approved regarding accuracy at the supervisory level.
(u-5) Effective July 1, 1995, only foster care placements licensed as foster family homes pursuant to the Child Care Act of 1969 shall be eligible to receive foster care payments from the Department. Relative caregivers who, as of July 1, 1995, were approved pursuant to approved relative placement rules previously promulgated by the Department at 89 Ill. Adm. Code 335 and had submitted an application for licensure as a foster family home may continue to receive foster care payments only until the Department determines that they may be licensed as a foster family home or that their application for licensure is denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Illinois State Police Law if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The Department shall provide for interactive computerized communication and processing equipment that permits direct on-line communication with the Illinois State Police's central criminal history data repository. The Department shall comply with all certification requirements and provide certified operators who have been trained by personnel from the Illinois State Police. In addition, one Office of the Inspector General investigator shall have training in the use of the criminal history information access system and have access to the terminal. The Department of Children and Family Services and its employees shall abide by rules and regulations established by the Illinois State Police relating to the access and dissemination of this information.
(v-1) Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases. Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.
(v-2) Prior to final approval for placement of a child, the Department shall check its child abuse and neglect registry for information concerning prospective foster and adoptive parents, and any adult living in the home. If any prospective foster or adoptive parent or other adult living in the home has resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date of Public Act 89-392), the Department shall prepare and submit to the Governor and the General Assembly, a written plan for the development of in-state licensed secure child care facilities that care for children who are in need of secure living arrangements for their health, safety, and well-being. For purposes of this subsection, secure care facility shall mean a facility that is designed and operated to ensure that all entrances and exits from the facility, a building or a distinct part of the building, are under the exclusive control of the staff of the facility, whether or not the child has the freedom of movement within the perimeter of the facility, building, or distinct part of the building. The plan shall include descriptions of the types of facilities that are needed in Illinois; the cost of developing these secure care facilities; the estimated number of placements; the potential cost savings resulting from the movement of children currently out-of-state who are projected to be returned to Illinois; the necessary geographic distribution of these facilities in Illinois; and a proposed timetable for development of such facilities.
(x) The Department shall conduct annual credit history checks to determine the financial history of children placed under its guardianship pursuant to the Juvenile Court Act of 1987. The Department shall conduct such credit checks starting when a youth in care turns 12 years old and each year thereafter for the duration of the guardianship as terminated pursuant to the Juvenile Court Act of 1987. The Department shall determine if financial exploitation of the child's personal information has occurred. If financial exploitation appears to have taken place or is presently ongoing, the Department shall notify the proper law enforcement agency, the proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of Public Act 96-1189), a child with a disability who receives residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 21, inclusive, notwithstanding the child's residential services arrangement. For purposes of this subsection, "child with a disability" means a child with a disability as defined by the federal Individuals with Disabilities Education Improvement Act of 2004.
(z) The Department shall access criminal history record information as defined as "background information" in this subsection and criminal history record information as defined in the Illinois Uniform Conviction Information Act for each Department employee or Department applicant. Each Department employee or Department applicant shall submit the employee's or applicant's fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and the Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. The Illinois State Police shall furnish, pursuant to positive identification, all Illinois conviction information to the Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children
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| and Family Services, conviction information obtained from the Illinois State Police as a result of a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records database concerning a Department employee or Department applicant.
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(ii) Information obtained by the Department of
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| Children and Family Services after performing a check of the Illinois State Police's Sex Offender Database, as authorized by Section 120 of the Sex Offender Community Notification Law, concerning a Department employee or Department applicant.
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(iii) Information obtained by the Department of
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| Children and Family Services after performing a check of the Child Abuse and Neglect Tracking System (CANTS) operated and maintained by the Department.
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"Department employee" means a full-time or temporary employee coded or certified within the State of Illinois Personnel System.
"Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement and whose work may bring the unlicensed service provider into contact with Department clients or client records.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff. 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)
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(20 ILCS 505/5.15)
Sec. 5.15. Daycare; Department of Human Services.
(a) For the purpose of ensuring effective statewide planning,
development, and utilization of resources for the day care of children,
operated under various auspices, the Department of Human Services is designated
to
coordinate all day care activities for children of the State and shall
develop or continue, and shall update every year,
a State comprehensive day-care plan for submission to the
Governor that identifies high-priority areas and groups, relating them
to available resources and identifying the most effective approaches to
the use of existing day care services. The State comprehensive day-care
plan shall be made available to the General Assembly following the
Governor's approval of the plan.
The plan shall include methods and procedures for the development of
additional day care resources for children to meet the goal of reducing
short-run and long-run dependency and to provide necessary enrichment and
stimulation to the education of young children. Recommendations shall be
made for State policy on optimum use of private and public, local, State
and federal resources, including an estimate of the resources needed for
the licensing and regulation of day care facilities.
A written report shall be submitted to the Governor and the General
Assembly annually on April 15. The report shall include an
evaluation of
developments over the preceding fiscal year, including cost-benefit
analyses of various arrangements. Beginning with the report in 1990 submitted
by the Department's predecessor agency and every
2 years thereafter, the report shall also include the following:
(1) An assessment of the child care services, needs |
| and available resources throughout the State and an assessment of the adequacy of existing child care services, including, but not limited to, services assisted under this Act and under any other program administered by other State agencies.
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(2) A survey of day care facilities to determine the
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| number of qualified caregivers, as defined by rule, attracted to vacant positions and any problems encountered by facilities in attracting and retaining capable caregivers. The report shall include an assessment, based on the survey, of improvements in employee benefits that may attract capable caregivers.
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(3) The average wages and salaries and fringe benefit
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| packages paid to caregivers throughout the State, computed on a regional basis, compared to similarly qualified employees in other but related fields.
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(4) The qualifications of new caregivers hired at
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| licensed day care facilities during the previous 2-year period.
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(5) Recommendations for increasing caregiver wages
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| and salaries to ensure quality care for children.
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(6) Evaluation of the fee structure and income
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| eligibility for child care subsidized by the State.
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|
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report
as required by Section 3.1 of the General Assembly Organization Act,
and filing such additional copies with the
State Government Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library Act.
(b) The Department of Human Services shall establish policies and procedures
for
developing and implementing interagency agreements with other
agencies of
the State providing child care services or reimbursement for such services.
The plans shall be annually reviewed and modified for the purpose of
addressing issues of applicability and service system barriers.
(c) In cooperation with other State agencies, the Department of Human
Services shall develop and implement, or shall continue, a
resource and referral system for the
State of Illinois either within the Department or by contract with local or
regional agencies. Funding for implementation of this system may be
provided through Department appropriations or other inter-agency funding
arrangements. The resource and referral system shall provide at least the
following services:
(1) Assembling and maintaining a data base on the
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| supply of child care services.
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(2) Providing information and referrals for parents.
(3) Coordinating the development of new child care
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(4) Providing technical assistance and training to
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| child care service providers.
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(5) Recording and analyzing the demand for child care
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(d) The Department of Human Services shall conduct day care planning
activities with the following priorities:
(1) Development of voluntary day care resources
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| wherever possible, with the provision for grants-in-aid only where demonstrated to be useful and necessary as incentives or supports. By January 1, 2002, the Department shall design a plan to create more child care slots as well as goals and timetables to improve quality and accessibility of child care.
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(2) Emphasis on service to children of recipients of
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| public assistance when such service will allow training or employment of the parent toward achieving the goal of independence.
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(3) (Blank).
(4) Care of children from families in stress and
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| crises whose members potentially may become, or are in danger of becoming, non-productive and dependent.
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(5) Expansion of family day care facilities wherever
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(6) Location of centers in economically depressed
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| neighborhoods, preferably in multi-service centers with cooperation of other agencies. The Department shall coordinate the provision of grants, but only to the extent funds are specifically appropriated for this purpose, to encourage the creation and expansion of child care centers in high need communities to be issued by the State, business, and local governments.
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(7) Use of existing facilities free of charge or for
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| reasonable rental whenever possible in lieu of construction.
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(8) Development of strategies for assuring a more
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| complete range of day care options, including provision of day care services in homes, in schools, or in centers, which will enable a parent or parents to complete a course of education or obtain or maintain employment and the creation of more child care options for swing shift, evening, and weekend workers and for working women with sick children. The Department shall encourage companies to provide child care in their own offices or in the building in which the corporation is located so that employees of all the building's tenants can benefit from the facility.
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(9) Development of strategies for subsidizing
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| students pursuing degrees in the child care field.
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(10) Continuation and expansion of service programs
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| that assist teen parents to continue and complete their education.
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Emphasis shall be given to support services that will help to ensure
such parents' graduation from high school and to services for participants
in any programs of job training conducted
by the
Department.
(e) The Department of Human Services shall actively stimulate the
development of public and private resources at the local level. It shall also
seek the fullest utilization of federal funds directly or indirectly available
to the Department.
Where appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
(f) To better accommodate the child care needs of low income working
families, especially those who receive Temporary Assistance for Needy Families
(TANF) or who are transitioning from TANF to work, or who are at risk of
depending on TANF in the absence of child care, the Department shall complete a
study using outcome-based assessment measurements to analyze the various types
of child care needs, including but not limited to: child care homes; child care
facilities; before and after school care; and evening and weekend care. Based
upon
the findings of the study, the Department shall develop a plan by April 15,
1998, that identifies the various types of child care needs within various
geographic locations. The plan shall include, but not be limited to, the
special needs of parents and guardians in need of non-traditional child care
services such as early mornings, evenings, and weekends; the needs of very low
income families and children and how they might be better served; and
strategies to assist child care providers to meet the needs and schedules of
low income families.
(Source: P.A. 100-1148, eff. 12-10-18.)
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(20 ILCS 505/5.45) Sec. 5.45. Managed care plan services. (a) As used in this Section: "Caregiver" means an individual or entity directly providing the day-to-day care of a child ensuring the child's safety and well-being. "Child" means a child placed in the care of the Department pursuant to the Juvenile Court Act of 1987. "Department" means the Department of Children and Family Services, or any successor State agency. "Director" means the Director of Children and Family Services. "Managed care organization" has the meaning ascribed to that term in Section 5-30.1 of the Illinois Public Aid Code. "Medicaid managed care plan" means a health care plan operated by a managed care organization under the Medical Assistance Program established in Article V of the Illinois Public Aid Code. "Workgroup" means the Child Welfare Medicaid Managed Care Implementation Advisory Workgroup. (b) Every child who is in the care of the Department pursuant to the Juvenile Court Act of 1987 shall receive the necessary services required by this Act and the Juvenile Court Act of 1987, including any child enrolled in a Medicaid managed care plan. (c) The Department shall not relinquish its authority or diminish its responsibility to determine and provide necessary services that are in the best interest of a child even if those services are directly or indirectly: (1) provided by a managed care organization, another |
| State agency, or other third parties;
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(2) coordinated through a managed care organization,
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| another State agency, or other third parties; or
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(3) paid for by a managed care organization, another
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| State agency, or other third parties.
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(d) The Department shall:
(1) implement and enforce measures to ensure that a
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| child's enrollment in Medicaid managed care supports continuity of treatment and does not hinder service delivery;
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(2) establish a single point of contact for health
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| care coverage inquiries and dispute resolution systemwide without transferring this responsibility to a third party such as a managed care coordinator;
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(3) not require any child to participate in Medicaid
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| managed care if the child would otherwise be exempt from enrolling in a Medicaid managed care plan under any rule or statute of this State; and
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(4) make recommendations regarding managed care
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| contract measures, quality assurance activities, and performance delivery evaluations in consultation with the Workgroup; and
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(5) post on its website:
(A) a link to any rule adopted or procedures
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| changed to address the provisions of this Section, if applicable;
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(B) each managed care organization's contract,
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| enrollee handbook, and directory;
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(C) the notification process and timeframe
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| requirements used to inform managed care plan enrollees, enrollees' caregivers, and enrollees' legal representation of any changes in health care coverage or change in a child's managed care provider;
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(D) defined prior authorization requirements for
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| prescriptions, goods, and services in emergency and non-emergency situations;
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(E) the State's current Health Care Oversight and
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| Coordination Plan developed in accordance with federal requirements; and
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(F) the transition plan required under subsection
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(i) the public comments submitted to the
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| Department, the Department of Healthcare and Family Services, and the Workgroup for consideration in development of the transition plan;
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(ii) a list and summary of recommendations of
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| the Workgroup that the Director or Director of Healthcare and Family Services declined to adopt or implement; and
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(iii) the Department's attestation that the
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| transition plan will not impede the Department's ability to timely identify the service needs of youth in care and the timely and appropriate provision of services to address those identified needs.
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(e) The Child Welfare Medicaid Managed Care Implementation Advisory Workgroup is established to advise the Department on the transition and implementation of managed care for children. The Director of Children and Family Services and the Director of Healthcare and Family Services shall serve as co-chairpersons of the Workgroup. The Directors shall jointly appoint members to the Workgroup who are stakeholders from the child welfare community, including:
(1) employees of the Department of Children and
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| Family Services who have responsibility in the areas of (i) managed care services, (ii) performance monitoring and oversight, (iii) placement operations, and (iv) budget revenue maximization;
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(2) employees of the Department of Healthcare and
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| Family Services who have responsibility in the areas of (i) managed care contracting, (ii) performance monitoring and oversight, (iii) children's behavioral health, and (iv) budget revenue maximization;
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(3) 2 representatives of youth in care;
(4) one representative of managed care organizations
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(5) 4 representatives of child welfare providers;
(6) one representative of parents of children in
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(7) one representative of universities or research
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(8) one representative of pediatric physicians;
(9) one representative of the juvenile court;
(10) one representative of caregivers of youth in
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(11) one practitioner with expertise in child and
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(12) one representative of substance abuse and mental
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| health providers with expertise in serving children involved in child welfare and their families;
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(13) at least one member of the Medicaid Advisory
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(14) one representative of a statewide organization
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(15) one representative of a statewide organization
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| representing child welfare providers;
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(16) one representative of a statewide organization
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| representing substance abuse and mental health providers; and
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(17) other child advocates as deemed appropriate by
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To the greatest extent possible, the co-chairpersons shall appoint members who reflect the geographic diversity of the State and include members who represent rural service areas. Members shall serve 2-year terms or until the Workgroup dissolves. If a vacancy occurs in the Workgroup membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The Workgroup shall hold meetings, as it deems appropriate, in the northern, central, and southern regions of the State to solicit public comments to develop its recommendations. To ensure the Department of Children and Family Services and the Department of Healthcare and Family Services are provided time to confer and determine their use of pertinent Workgroup recommendations in the transition plan required under subsection (f), the co-chairpersons shall convene at least 3 meetings. The Department of Children and Family Services and the Department of Healthcare and Family Services shall provide administrative support to the Workgroup. Workgroup members shall serve without compensation. The Workgroup shall dissolve 5 years after the Department of Children and Family Services' implementation of managed care.
(f) Prior to transitioning any child to managed care, the Department of Children and Family Services and the Department of Healthcare and Family Services, in consultation with the Workgroup, must develop and post publicly, a transition plan for the provision of health care services to children enrolled in Medicaid managed care plans. Interim transition plans must be posted to the Department's website by July 15, 2018. The transition plan shall be posted at least 28 days before the Department's implementation of managed care. The transition plan shall address, but is not limited to, the following:
(1) an assessment of existing network adequacy, plans
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| to address gaps in network, and ongoing network evaluation;
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(2) a framework for preparing and training
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| organizations, caregivers, frontline staff, and managed care organizations;
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(3) the identification of administrative changes
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| necessary for successful transition to managed care, and the timeframes to make changes;
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|
(4) defined roles, responsibilities, and lines of
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| authority for care coordination, placement providers, service providers, and each State agency involved in management and oversight of managed care services;
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|
(5) data used to establish baseline performance and
|
| quality of care, which shall be utilized to assess quality outcomes and identify ongoing areas for improvement;
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|
(6) a process for stakeholder input into managed care
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| planning and implementation;
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|
(7) a dispute resolution process, including the
|
| rights of enrollees and representatives of enrollees under the dispute process and timeframes for dispute resolution determinations and remedies;
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|
(8) the process for health care transition for youth
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| exiting the Department's care through emancipation or achieving permanency; and
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|
(9) protections to ensure the continued provision of
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| health care services if a child's residence or legal guardian changes.
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|
(g) Reports.
(1) On or before February 1, 2019, and on or before
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| each February 1 thereafter, the Department shall submit a report to the House and Senate Human Services Committees, or to any successor committees, on measures of access to and the quality of health care services for children enrolled in Medicaid managed care plans, including, but not limited to, data showing whether:
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|
(A) children enrolled in Medicaid managed care
|
| plans have continuity of care across placement types, geographic regions, and specialty service needs;
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|
(B) each child is receiving the early periodic
|
| screening, diagnosis, and treatment services as required by federal law, including, but not limited to, regular preventative care and timely specialty care;
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|
(C) children are assigned to health homes;
(D) each child has a health care oversight and
|
| coordination plan as required by federal law;
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|
(E) there exist complaints and grievances
|
| indicating gaps or barriers in service delivery; and
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|
(F) the Workgroup and other stakeholders have and
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| continue to be engaged in quality improvement initiatives.
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|
The report shall be prepared in consultation with the
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| Workgroup and other agencies, organizations, or individuals the Director deems appropriate in order to obtain comprehensive and objective information about the managed care plan operation.
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|
(2) During each legislative session, the House and
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| Senate Human Services Committees shall hold hearings to take public testimony about managed care implementation for children in the care of, adopted from, or placed in guardianship by the Department. The Department shall present testimony, including information provided in the report required under paragraph (1), the Department's compliance with the provisions of this Section, and any recommendations for statutory changes to improve health care for children in the Department's care.
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|
(h) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Section that can be given effect without the invalid provision or application.
(Source: P.A. 100-646, eff. 7-27-18.)
|
(20 ILCS 505/5.46) Sec. 5.46. Application for Social Security benefits, Supplemental Security Income, Veterans benefits, and Railroad Retirement benefits. (a) Definitions. As used in this Section: "Achieving a Better Life Experience Account" or "ABLE account" means an account established for the purpose of financing certain qualified expenses of eligible individuals as specifically provided for in Section 529A of the Internal Revenue Code and Section 16.6 of the State Treasurer Act. "Benefits" means Social Security benefits, Supplemental Security Income, Veterans benefits, and Railroad Retirement benefits. "DCFS Guardianship Administrator" means a Department representative appointed as guardian of the person or legal custodian of the minor youth in care. "Youth's attorney and guardian ad litem" means the person appointed as the youth's attorney or guardian ad litem in accordance with the Juvenile Court Act of 1987 in the proceeding in which the Department is appointed as the youth's guardian or custodian. (b) Application for benefits. (1) Upon receiving temporary custody or guardianship |
| of a youth in care, the Department shall assess the youth to determine whether the youth may be eligible for benefits. If, after the assessment, the Department determines that the youth may be eligible for benefits, the Department shall ensure that an application is filed on behalf of the youth. The Department shall prescribe by rule how it will review cases of youth in care at regular intervals to determine whether the youth may have become eligible for benefits after the initial assessment. The Department shall make reasonable efforts to encourage youth in care over the age of 18 who are likely eligible for benefits to cooperate with the application process and to assist youth with the application process.
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|
(2) When applying for benefits under this Section for
|
| a youth in care the Department shall identify a representative payee in accordance with the requirements of 20 CFR 404.2021 and 416.621. If the Department is seeking to be appointed as the youth's representative payee, the Department must consider input, if provided, from the youth's attorney and guardian ad litem regarding whether another representative payee, consistent with the requirements of 20 CFR 404.2021 and 416.621, is available. If the Department serves as the representative payee for a youth over the age of 18, the Department shall request a court order, as described in subparagraph (C) of paragraph (1) of subsection (d) and in subparagraph (C) of paragraph (2) of subsection (d).
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|
(c) Notifications. The Department shall immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of:
(1) any application for or any application to become
|
| representative payee for benefits on behalf of a youth in care;
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|
(2) beginning January 1, 2025, any communications
|
| from the Social Security Administration, the U.S. Department of Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of benefits or the selection of a representative payee; and
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|
(3) beginning January 1, 2025, any appeal or other
|
| action requested by the Department regarding an application for benefits.
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|
(d) Use of benefits. Consistent with federal law, when the Department serves as the representative payee for a youth receiving benefits and receives benefits on the youth's behalf, the Department shall:
(1) Beginning January 1, 2024, ensure that when the
|
| youth attains the age of 14 years and until the Department no longer serves as the representative payee, a minimum percentage of the youth's Supplemental Security Income benefits are conserved in accordance with paragraph (4) as follows:
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|
(A) From the age of 14 through age 15, at least
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|
(B) From the age of 16 through age 17, at least
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|
(C) From the age of 18 and older, 100%, when a
|
| court order has been entered expressly authorizing the DCFS Guardianship Administrator to serve as the designated representative to establish an ABLE account on behalf of a youth in accordance with paragraph (4).
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|
(2) Beginning January 1, 2024, ensure that when the
|
| youth attains the age of 14 years and until the Department no longer serves as the representative payee a minimum percentage of the youth's Social Security benefits, Veterans benefits, or Railroad Retirement benefits are conserved in accordance with paragraph (3) or (4), as applicable, as follows:
|
|
(A) From the age of 14 through age 15, at least
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|
(B) From the age of 16 through age 17, at least
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|
(C) From the age of 18, 100%. If establishment of
|
| an ABLE account is necessary to conserve benefits for youth age 18 and older, then benefits shall be conserved in accordance with paragraph (4) when a court order has been entered expressly authorizing the DCFS Guardianship Administrator to serve as the designated representative to establish an ABLE account on behalf of a youth.
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|
(3) Exercise discretion in accordance with federal
|
| law and in the best interests of the youth when making decisions to use or conserve the youth's benefits that are less than or not subject to asset or resource limits under federal law, including using the benefits to address the youth's special needs and conserving the benefits for the youth's reasonably foreseeable future needs.
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|
(4) Appropriately monitor any federal asset or
|
| resource limits for the Supplemental Security Income benefits and ensure that the youth's best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits, including, but not limited to: ;
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|
(A) establishing an ABLE account authorized by
|
| Section 529A of the Internal Revenue Code of 1986, for the youth and conserving the youth's benefits in that account in a manner that appropriately avoids any federal asset or resource limits;
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|
(B) if the Department determines that using the
|
| benefits for services for current special needs not already provided by the Department is in the best interest of the youth, using the benefits for those services;
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|
(C) if federal law requires certain back payments
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| of benefits to be placed in a dedicated account, complying with the requirements for dedicated accounts under 20 CFR 416.640(e); and
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|
(D) applying any other exclusions from federal
|
| asset or resource limits available under federal law and using or conserving the youth's benefits in a manner that appropriately avoids any federal asset or resource limits.
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|
(e) By July 1, 2024, the Department shall provide a report to the General Assembly regarding youth in care who receive benefits who are not subject to this Act. The report shall discuss a goal of expanding conservation of children's benefits to all benefits of all children of any age for whom the Department serves as representative payee. The report shall include a description of any identified obstacles, steps to be taken to address the obstacles, and a description of any need for statutory, rule, or procedural changes.
(f) (1) Accounting.
(A) Beginning on the effective date of this
|
| amendatory Act of the 103rd General Assembly through December 31, 2024, upon request of the youth's attorney or guardian ad litem, the Department shall provide an annual accounting to the youth's attorney and guardian ad litem of how the youth's benefits have been used and conserved.
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|
(B) Beginning January 1, 2025 and every year
|
| thereafter, an annual accounting of how the youth's benefits have been used and conserved shall be provided automatically to the youth's attorney and guardian ad litem.
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|
(C) In addition, within 10 business days of a request
|
| from a youth or the youth's attorney and guardian ad litem, the Department shall provide an accounting to the youth of how the youth's benefits have been used and conserved.
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|
(2) The accounting shall include:
(A) The amount of benefits received on the
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| youth's behalf since the most recent accounting and the date the benefits were received.
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|
(B) Information regarding the youth's benefits
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| and resources, including the youth's benefits, insurance, cash assets, trust accounts, earnings, and other resources.
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|
(C) An accounting of the disbursement of benefit
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| funds, including the date, amount, identification of payee, and purpose.
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|
(D) Information regarding each request by the
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| youth, the youth's attorney and guardian ad litem, or the youth's caregiver for disbursement of funds and a statement regarding the reason for not granting the request if the request was denied.
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|
When the Department's guardianship of the youth is being terminated, prior to or upon the termination of guardianship, the Department shall provide (i) a final accounting to the youth's attorney and guardian ad litem, and to either the person or persons who will assume guardianship of the youth or who is in the process of adopting the youth, if the youth is under 18, or to the youth, if the youth is over 18 and (ii) information to the parent, guardian, or youth regarding how to apply to become the designated representative for the youth's ABLE account.
(g) Education. The Department shall provide the youth who have funds conserved under paragraphs (1) and (2) of subsection (d) with education and support, including specific information regarding the existence, availability, and use of funds conserved for the youth in accordance with paragraphs (1) and (2) of subsection (d), beginning by age 14 in a developmentally appropriate manner. The education and support services shall be developed in consultation with input from the Department's Statewide Youth Advisory Board. Education and informational materials related to ABLE accounts shall be developed in consultation with and approved by the State Treasurer.
(h) Adoption of rules. The Department shall adopt rules to implement the provisions of this Section by January 1, 2024.
(i) Reporting. No later than February 28, 2023, the Department shall file a report with the General Assembly providing the following information for State Fiscal Years 2019, 2020, 2021, and 2022 and annually beginning February 28, 2023, for the preceding fiscal year:
(1) The number of youth entering care.
(2) The number of youth entering care receiving each
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| of the following types of benefits: Social Security benefits, Supplemental Security Income, Veterans benefits, Railroad Retirement benefits.
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|
(3) The number of youth entering care for whom the
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| Department filed an application for each of the following types of benefits: Social Security benefits, Supplemental Security Income, Veterans benefits, Railroad Retirement benefits.
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|
(4) The number of youth entering care who were
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| awarded each of the following types of benefits based on an application filed by the Department: Social Security benefits, Supplemental Security Income, Veterans benefits, Railroad Retirement benefits.
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|
(j) Annually beginning December 31, 2023, the Department shall file a report with the General Assembly with the following information regarding the preceding fiscal year:
(1) the number of conserved accounts established and
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| maintained for youth in care;
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|
(2) the average amount conserved by age group; and
(3) the total amount conserved by age group.
(Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23; 103-564, eff. 11-17-23.)
|
(20 ILCS 505/7) (from Ch. 23, par. 5007)
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.)
|
(20 ILCS 505/7.3a) Sec. 7.3a. Normalcy parenting for children in foster care; participation in childhood activities. (a) Legislative findings. (1) Every day parents make important decisions about |
| their child's participation in extracurricular activities. Caregivers for children in out-of-home care are faced with making the same decisions.
|
|
(2) When a caregiver makes decisions, the caregiver
|
| must consider applicable laws, rules, and regulations to safeguard the health, safety, and best interests of a child in out-of-home care.
|
|
(3) Participation in extracurricular activities is
|
| important to a child's well-being, not only emotionally, but also in developing valuable life skills.
|
|
(4) The General Assembly recognizes the importance of
|
| making every effort to normalize the lives of children in out-of-home care and to empower a caregiver to approve or not approve a child's participation in appropriate extracurricular activities based on the caregiver's own assessment using the reasonable and prudent parent standard, without prior approval of the Department, the caseworker, or the court.
|
|
(5) Nothing in this Section shall be presumed to
|
| discourage or diminish the engagement of families and guardians in the child's life activities.
|
|
(b) Definitions. As used in this Section:
"Appropriate activities" means activities or items that are generally
accepted as suitable for children of the same chronological age or
developmental level of maturity. Appropriateness is based on the development
of cognitive, emotional, physical, and behavioral capacity that is
typical for an age or age group, taking into account the individual child's cognitive, emotional, physical, and behavioral development.
"Caregiver" means a person with whom the child is placed in
out-of-home care or a designated official for child care facilities
licensed by the Department as
defined in the Child Care Act of 1969.
"Reasonable and prudent parent standard" means the standard
characterized by careful and sensible parental decisions that maintain
the child's health, safety, and best interests while at the same time
supporting the child's emotional and developmental growth that a
caregiver shall use when determining whether to allow a child in out-of-home care to participate in extracurricular, enrichment, cultural, and social
activities.
(c) Requirements for decision-making.
(1) Each child who comes into the care and custody of
|
| the Department is fully entitled to participate in appropriate extracurricular, enrichment, cultural, and social activities in a manner that allows that child to participate in the child's community to the fullest extent possible.
|
|
(2) Caregivers must use the reasonable and prudent
|
| parent standard in determining whether to give permission for a child in out-of-home care to participate in appropriate extracurricular, enrichment, cultural, and social activities. Caregivers are expected to promote and support a child's participation in such activities. When using the reasonable and prudent parent standard, the caregiver shall consider:
|
|
(A) the child's age, maturity, and developmental
|
| level to promote the overall health, safety, and best interests of the child;
|
|
(B) the best interest of the child based on
|
| information known by the caregiver;
|
|
(C) the importance and fundamental value of
|
| encouraging the child's emotional and developmental growth gained through participation in activities in the child's community;
|
|
(D) the importance and fundamental value of
|
| providing the child with the most family-like living experience possible; and
|
|
(E) the behavioral history of the child and the
|
| child's ability to safely participate in the proposed activity.
|
|
(3) A caregiver is not liable for harm caused to a
|
| child in out-of-home care who participates in an activity approved by the caregiver, provided that the caregiver has acted as a reasonable and prudent parent in permitting the child to engage in the activity.
|
|
(c-5) No youth in care shall be required to store the
youth's belongings in plastic bags or in similar forms of disposable containers, including, but not limited to, trash bags, paper or plastic shopping bags, or pillow cases when relocating from one placement type to another placement type or when discharged from the custody or guardianship of the Department. The Department shall ensure that each youth in care has appropriate baggage and other items to store the
youth's belongings when moving through the State's child welfare system. As used in this subsection, "purchase of service agency" means any entity that contracts with the Department to provide services that are consistent with the purposes of this Act.
(d) Rulemaking. The Department shall adopt, by rule,
procedures no later than June 1, 2017 that promote and protect the ability
of children to participate in appropriate extracurricular,
enrichment, cultural, and social activities.
(e) The Department shall ensure that every youth in care who is entering the
youth's final year of high school has completed a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid on or after October 1, but no later than November 1, of the youth's final year of high school.
(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
|
(20 ILCS 505/7.4) Sec. 7.4. Development and preservation of sibling relationships for children in care; placement of siblings; contact among siblings placed apart. (a) Purpose and policy. The General Assembly recognizes that sibling relationships are unique and essential for a person, but even more so for children who are removed from the care of their families and placed in the State child welfare system. When family separation occurs through State intervention, every effort must be made to preserve, support, and nurture sibling relationships when doing so is in the best interest of each sibling. It is in the interests of foster children who are part of a sibling group to enjoy contact with one another, as long as the contact is in each child's best interest. This is true both while the siblings are in State care and after one or all of the siblings leave State care through adoption, guardianship, or aging out. (b) Definitions. For purposes of this Section: (1) Whenever a best interest determination is |
| required by this Section, the Department shall consider the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987 and the Department's rules regarding Sibling Placement, 89 Ill. Adm. Code 301.70, and Sibling Visitation, 89 Ill. Adm. Code 301.220, and the Department's rules regarding Placement Selection Criteria, 89 Ill. Adm. Code 301.60.
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|
(2) "Adopted child" means a child who, immediately
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| preceding the adoption, was in the custody or guardianship of the Illinois Department of Children and Family Services under Article II of the Juvenile Court Act of 1987.
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|
(3) "Adoptive parent" means a person who has become a
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| parent through the legal process of adoption.
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|
(4) "Child" means a person in the temporary custody
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| or guardianship of the Department who is under the age of 21.
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|
(5) "Child placed in private guardianship" means a
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| child who, immediately preceding the guardianship, was in the custody or guardianship of the Illinois Department of Children and Family Services under Article II of the Juvenile Court Act of 1987.
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|
(6) "Contact" may include, but is not limited to,
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| visits, telephone calls, letters, sharing of photographs or information, e-mails, video conferencing, and other forms of communication or contact.
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|
(7) "Legal guardian" means a person who has become
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| the legal guardian of a child who, immediately prior to the guardianship, was in the custody or guardianship of the Illinois Department of Children and Family Services under Article II of the Juvenile Court Act of 1987.
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|
(8) "Parent" means the child's mother or father who
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| is named as the respondent in proceedings conducted under Article II of the Juvenile Court Act of 1987.
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|
(9) "Post Permanency Sibling Contact" means contact
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| between siblings following the entry of a Judgment Order for Adoption under Section 14 of the Adoption Act regarding at least one sibling or an Order for Guardianship appointing a private guardian under Section 2-27 of the Juvenile Court Act of 1987, regarding at least one sibling. Post Permanency Sibling Contact may include, but is not limited to, visits, telephone calls, letters, sharing of photographs or information, emails, video conferencing, and other forms of communication or connection agreed to by the parties to a Post Permanency Sibling Contact Agreement.
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|
(10) "Post Permanency Sibling Contact Agreement"
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| means a written agreement between the adoptive parent or parents, the child, and the child's sibling regarding post permanency contact between the adopted child and the child's sibling, or a written agreement between the legal guardians, the child, and the child's sibling regarding post permanency contact between the child placed in guardianship and the child's sibling. The Post Permanency Sibling Contact Agreement may specify the nature and frequency of contact between the adopted child or child placed in guardianship and the child's sibling following the entry of the Judgment Order for Adoption or Order for Private Guardianship. The Post Permanency Sibling Contact Agreement may be supported by services as specified in this Section. The Post Permanency Sibling Contact Agreement is voluntary on the part of the parties to the Post Permanency Sibling Contact Agreement and is not a requirement for finalization of the child's adoption or guardianship. The Post Permanency Sibling Contract Agreement shall not be enforceable in any court of law or administrative forum and no cause of action shall be brought to enforce the Agreement. When entered into, the Post Permanency Sibling Contact Agreement shall be placed in the child's Post Adoption or Guardianship case record and in the case file of a sibling who is a party to the agreement and who remains in the Department's custody or guardianship.
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|
(11) "Sibling Contact Support Plan" means a written
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| document that sets forth the plan for future contact between siblings who are in the Department's care and custody and residing separately. The goal of the Support Plan is to develop or preserve and nurture the siblings' relationships. The Support Plan shall set forth the role of the foster parents, caregivers, and others in implementing the Support Plan. The Support Plan must meet the minimum standards regarding frequency of in-person visits provided for in Department rule.
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|
(12) "Siblings" means children who share at least one
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| parent in common. This definition of siblings applies solely for purposes of placement and contact under this Section. For purposes of this Section, children who share at least one parent in common continue to be siblings after their parent's parental rights are terminated, if parental rights were terminated while a petition under Article II of the Juvenile Court Act of 1987 was pending. For purposes of this Section, children who share at least one parent in common continue to be siblings after a sibling is adopted or placed in private guardianship when the adopted child or child placed in private guardianship was in the Department's custody or guardianship under Article II of the Juvenile Court Act of 1987 immediately prior to the adoption or private guardianship. For children who have been in the guardianship of the Department under Article II of the Juvenile Court Act of 1987, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department under Article II of the Juvenile Court Act of 1987, "siblings" includes a person who would have been considered a sibling prior to the adoption and siblings through adoption.
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|
(c) No later than January 1, 2013, the Department shall promulgate rules addressing the development and preservation of sibling relationships. The rules shall address, at a minimum:
(1) Recruitment, licensing, and support of foster
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| parents willing and capable of either fostering sibling groups or supporting and being actively involved in planning and executing sibling contact for siblings placed apart. The rules shall address training for foster parents, licensing workers, placement workers, and others as deemed necessary.
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|
(2) Placement selection for children who are
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| separated from their siblings and how to best promote placements of children with foster parents or programs that can meet the children's needs, including the need to develop and maintain contact with siblings.
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|
(3) State-supported guidance to siblings who have
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| aged out of State care regarding positive engagement with siblings.
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|
(4) Implementation of Post Permanency Sibling Contact
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| Agreements for children exiting State care, including services offered by the Department to encourage and assist parties in developing agreements, services offered by the Department post permanency to support parties in implementing and maintaining agreements, and including services offered by the Department post permanency to assist parties in amending agreements as necessary to meet the needs of the children.
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|
(5) Services offered by the Department for children
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| who exited foster care prior to the availability of Post Permanency Sibling Contact Agreements, to invite willing parties to participate in a facilitated discussion, including, but not limited to, a mediation or joint team decision-making meeting, to explore sibling contact.
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|
(d) The Department shall develop a form to be provided to youth entering care and exiting care explaining their rights and responsibilities related to sibling visitation while in care and post permanency.
(e) Whenever a child enters care or requires a new placement, the Department shall consider the development and preservation of sibling relationships.
(1) This subsection applies when a child entering
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| care or requiring a change of placement has siblings who are in the custody or guardianship of the Department. When a child enters care or requires a new placement, the Department shall examine its files and other available resources and determine whether a sibling of that child is in the custody or guardianship of the Department. If the Department determines that a sibling is in its custody or guardianship, the Department shall then determine whether it is in the best interests of each of the siblings for the child needing placement to be placed with the sibling. If the Department determines that it is in the best interest of each sibling to be placed together, and the sibling's foster parent is able and willing to care for the child needing placement, the Department shall place the child needing placement with the sibling. A determination that it is not in a child's best interest to be placed with a sibling shall be made in accordance with Department rules, and documented in the file of each sibling.
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|
(2) This subsection applies when a child who is
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| entering care has siblings who have been adopted or placed in private guardianship. When a child enters care, the Department shall examine its files and other available resources, including consulting with the child's parents, to determine whether a sibling of the child was adopted or placed in private guardianship from State care. The Department shall determine, in consultation with the child's parents, whether it would be in the child's best interests to explore placement with the adopted sibling or sibling in guardianship. Unless the parent objects, if the Department determines it is in the child's best interest to explore the placement, the Department shall contact the adoptive parents or guardians of the sibling, determine whether they are willing to be considered as placement resources for the child, and, if so, determine whether it is in the best interests of the child to be placed in the home with the sibling. If the Department determines that it is in the child's best interests to be placed in the home with the sibling, and the sibling's adoptive parents or guardians are willing and capable, the Department shall make the placement. A determination that it is not in a child's best interest to be placed with a sibling shall be made in accordance with Department rule, and documented in the child's file.
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|
(3) This subsection applies when a child in
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| Department custody or guardianship requires a change of placement, and the child has siblings who have been adopted or placed in private guardianship. When a child in care requires a new placement, the Department may consider placing the child with the adoptive parent or guardian of a sibling under the same procedures and standards set forth in paragraph (2) of this subsection.
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|
(4) When the Department determines it is not in the
|
| best interest of one or more siblings to be placed together the Department shall ensure that the child requiring placement is placed in a home or program where the caregiver is willing and able to be actively involved in supporting the sibling relationship to the extent doing so is in the child's best interest.
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|
(f) When siblings in care are placed in separate placements, the Department shall develop a Sibling Contact Support Plan. The Department shall convene a meeting to develop the Support Plan. The meeting shall include, at a minimum, the case managers for the siblings, the foster parents or other care providers if a child is in a non-foster home placement and the child, when developmentally and clinically appropriate. The Department shall make all reasonable efforts to promote the participation of the foster parents. Parents whose parental rights are intact shall be invited to the meeting. Others, such as therapists and mentors, shall be invited as appropriate. The Support Plan shall set forth future contact and visits between the siblings to develop or preserve, and nurture the siblings' relationships. The Support Plan shall set forth the role of the foster parents and caregivers and others in implementing the Support Plan. The Support Plan must meet the minimum standards regarding frequency of in-person visits provided for in Department rule. The Support Plan will be incorporated in the child's service plan and reviewed at each administrative case review. The Support Plan should be modified if one of the children moves to a new placement, or as necessary to meet the needs of the children. The Sibling Contact Support Plan for a child in care may include siblings who are not in the care of the Department, with the consent and participation of that child's parent or guardian.
(g) By January 1, 2013, the Department shall develop a registry so that placement information regarding adopted siblings and siblings in private guardianship is readily available to Department and private agency caseworkers responsible for placing children in the Department's care. When a child is adopted or placed in private guardianship from foster care the Department shall inform the adoptive parents or guardians that they may be contacted in the future regarding placement of or contact with siblings subsequently requiring placement.
(h) When a child is in need of an adoptive placement, the Department shall examine its files and other available resources and attempt to determine whether a sibling of the child has been adopted or placed in private guardianship after being in the Department's custody or guardianship. If the Department determines that a sibling of the child has been adopted or placed in private guardianship, the Department shall make a good faith effort to locate the adoptive parents or guardians of the sibling and inform them of the availability of the child for adoption. The Department may determine not to inform the adoptive parents or guardians of a sibling of a child that the child is available for adoption only for a reason permitted under criteria adopted by the Department by rule, and documented in the child's case file. If a child available for adoption has a sibling who has been adopted or placed in guardianship, and the adoptive parents or guardians of that sibling apply to adopt the child, the Department shall consider them as adoptive applicants for the adoption of the child. The Department's final decision as to whether it will consent to the adoptive parents or guardians of a sibling being the adoptive parents of the child shall be based upon the welfare and best interest of the child. In arriving at its decision, the Department shall consider all relevant factors, including, but not limited to:
(1) the wishes of the child;
(2) the interaction and interrelationship of the
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| child with the applicant to adopt the child;
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|
(3) the child's need for stability and continuity of
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| relationship with parent figures;
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|
(4) the child's adjustment to the child's present
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| home, school, and community;
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|
(5) the mental and physical health of all individuals
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|
(6) the family ties between the child and the child's
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| relatives, including siblings;
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|
(7) the background, age, and living arrangements of
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| the applicant to adopt the child;
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|
(8) a criminal background report of the applicant to
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|
If placement of the child available for adoption with the adopted sibling or sibling in private guardianship is not feasible, but it is in the child's best interest to develop a relationship with the child's sibling, the Department shall invite the adoptive parents, guardian, or guardians for a mediation or joint team decision-making meeting to facilitate a discussion regarding future sibling contact.
(i) Post Permanency Sibling Contact Agreement. When a child in the Department's care has a permanency goal of adoption or private guardianship, and the Department is preparing to finalize the adoption or guardianship, the Department shall convene a meeting with the pre-adoptive parent or prospective guardian and the case manager for the child being adopted or placed in guardianship and the foster parents and case managers for the child's siblings, and others as applicable. The children should participate as is developmentally appropriate. Others, such as therapists and mentors, may participate as appropriate. At the meeting the Department shall encourage the parties to discuss sibling contact post permanency. The Department may assist the parties in drafting a Post Permanency Sibling Contact Agreement.
(1) Parties to the Post Permanency Sibling Contact
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|
(A) The adoptive parent or parents or guardian.
(B) The child's sibling or siblings, parents, or
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|
(C) The child.
(2) Consent of child 14 and over. The written consent
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| of a child age 14 and over to the terms and conditions of the Post Permanency Sibling Contact Agreement and subsequent modifications is required.
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|
(3) In developing this Agreement, the Department
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| shall encourage the parties to consider the following factors:
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|
(A) the physical and emotional safety and welfare
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|
(B) the child's wishes;
(C) the interaction and interrelationship of the
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| child with the child's sibling or siblings who would be visiting or communicating with the child, including:
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|
(i) the quality of the relationship between
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| the child and the sibling or siblings, and
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|
(ii) the benefits and potential harms to the
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| child in allowing the relationship or relationships to continue or in ending them;
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|
(D) the child's sense of attachments to the birth
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| sibling or siblings and adoptive family, including:
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|
(i) the child's sense of being valued;
(ii) the child's sense of familiarity; and
(iii) continuity of affection for the child;
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|
(E) other factors relevant to the best interest
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|
(4) In considering the factors in paragraph (3) of
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| this subsection, the Department shall encourage the parties to recognize the importance to a child of developing a relationship with siblings including siblings with whom the child does not yet have a relationship; and the value of preserving family ties between the child and the child's siblings, including:
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|
(A) the child's need for stability and continuity
|
| of relationships with siblings, and
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|
(B) the importance of sibling contact in the
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| development of the child's identity.
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|
(5) Modification or termination of Post Permanency
|
| Sibling Contact Agreement. The parties to the agreement may modify or terminate the Post Permanency Sibling Contact Agreement. If the parties cannot agree to modification or termination, they may request the assistance of the Department of Children and Family Services or another agency identified and agreed upon by the parties to the Post Permanency Sibling Contact Agreement. Any and all terms may be modified by agreement of the parties. Post Permanency Sibling Contact Agreements may also be modified to include contact with siblings whose whereabouts were unknown or who had not yet been born when the Judgment Order for Adoption or Order for Private Guardianship was entered.
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|
(6) Adoptions and private guardianships finalized
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| prior to August 24, 2012 (the effective date of Public Act 97-1076). Nothing in this Section prohibits the parties from entering into a Post Permanency Sibling Contact Agreement if the adoption or private guardianship was finalized prior to the effective date of this Section. If the Agreement is completed and signed by the parties, the Department shall include the Post Permanency Sibling Contact Agreement in the child's Post Adoption or Private Guardianship case record and in the case file of siblings who are parties to the agreement who are in the Department's custody or guardianship.
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|
(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 103-605, eff. 7-1-24.)
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(20 ILCS 505/17) (from Ch. 23, par. 5017) Sec. 17. Youth and Community Services Program. The Department of Human Services shall develop a State program for youth and community services which will assure that youth who come into contact or may come into contact with either the child welfare system or the juvenile justice system will have access to needed community, prevention, diversion, emergency, and independent living services. The term "youth" means a person under the age of 19 years. The term "homeless youth" means a youth who cannot be reunited with the youth's family and is not in a safe and stable living situation. This Section shall not be construed to require the Department of Human Services to provide services under this Section to any homeless youth who is at least 18 years of age but is younger than 19 years of age; however, the Department may, in its discretion, provide services under this Section to any such homeless youth. (a) The goals of the program shall be to: (1) maintain children and youths in their own |
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(2) eliminate unnecessary categorical funding of
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| programs by funding more comprehensive and integrated programs;
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|
(3) encourage local volunteers and voluntary
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| associations in developing programs aimed at preventing and controlling juvenile delinquency;
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|
(4) address voids in services and close service gaps;
(5) develop program models aimed at strengthening the
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| relationships between youth and their families and aimed at developing healthy, independent lives for homeless youth;
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|
(6) contain costs by redirecting funding to more
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| comprehensive and integrated community-based services; and
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|
(7) coordinate education, employment, training and
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| other programs for youths with other State agencies.
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|
(b) The duties of the Department under the program shall be to:
(1) design models for service delivery by local
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|
(2) test alternative systems for delivering youth
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|
(3) develop standards necessary to achieve and
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| maintain, on a statewide basis, more comprehensive and integrated community-based youth services;
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|
(4) monitor and provide technical assistance to local
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| boards and local service systems;
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|
(5) assist local organizations in developing programs
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| which address the problems of youths and their families through direct services, advocacy with institutions, and improvement of local conditions;
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|
(6) (blank); and
(7) establish temporary emergency placements for
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| youth in crisis as defined by the Children's Behavioral Health Transformation Team through comprehensive community-based youth services provider grants.
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|
(A) Temporary emergency placements:
(i) must be licensed through the Department
|
| of Children and Family Services or, in the case of a foster home or host home, by the supervising child welfare agency;
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|
(ii) must be strategically situated to meet
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| regional need and minimize geographic disruption in consultation with the Children's Behavioral Health Transformation Officer and the Children's Behavioral Health Transformation Team; and
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|
(iii) shall include Comprehensive
|
| Community-Based Youth Services program host homes, foster homes, homeless youth shelters, Department of Children and Family Services youth shelters, or other licensed placements for minor youth compliant with the Child Care Act of 1969 provided under the Comprehensive Community-Based Youth Services program.
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|
(B) Beginning on August 11, 2023 (the effective
|
| date of Public Act 103-546), once sufficient capacity has been developed, temporary emergency placements must also include temporary emergency placement shelters provided under the Comprehensive Community-Based Youth Services program. Temporary emergency placement shelters shall be managed by Comprehensive Community-Based Youth Services provider organizations and shall be available to house youth receiving interim 24/7 crisis intervention services as defined by the Juvenile Court Act of 1987 and the Comprehensive Community-Based Youth Services program grant and the Department, and shall provide access to clinical supports for youth while staying at the shelter.
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|
(C) Comprehensive Community-Based Youth Services
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| organizations shall retain the sole authority to place youth in host homes and temporary emergency placement shelters provided under the Comprehensive Community-Based Youth Services program.
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|
(D) Crisis youth, as defined by the Children's
|
| Behavioral Health Transformation Team, shall be prioritized in temporary emergency placements.
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|
(E) Additional placement options may be
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| authorized for crisis and non-crisis program youth with the permission of the youth's parent or legal guardian.
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|
(F) While in a temporary emergency placement, the
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| organization shall work with the parent, guardian, or custodian to effectuate the youth's return home or to an alternative long-term living arrangement. As necessary, the agency or association shall also work with the youth's local school district, the Department, the Department of Human Services, the Department of Healthcare and Family Services, and the Department of Juvenile Justice to identify immediate and long-term services, treatment, or placement.
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|
Nothing in this Section shall be construed or applied in a manner that would conflict with, diminish, or infringe upon, any State agency's obligation to comply fully with requirements imposed under a court order or State or federal consent decree applicable to that agency.
(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)
|
(20 ILCS 505/17a-5) (from Ch. 23, par. 5017a-5)
Sec. 17a-5.
The Department of Human Services shall be successor to the
Department of Children and Family Services in the latter Department's capacity
as successor to the Illinois Law Enforcement
Commission in the functions of that Commission relating to juvenile justice
and the federal Juvenile Justice and Delinquency Prevention Act of 1974
as amended, and shall have the powers, duties and functions specified in
this Section relating to juvenile justice and the federal Juvenile Justice
and Delinquency Prevention Act of 1974, as amended.
(1) Definitions. As used in this Section:
(a) "juvenile justice system" means all activities by |
| public or private agencies or persons pertaining to the handling of youth involved or having contact with the police, courts or corrections;
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|
(b) "unit of general local government" means any
|
| county, municipality or other general purpose political subdivision of this State;
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|
(c) "Commission" means the Illinois Juvenile Justice
|
| Commission provided for in Section 17a-9 of this Act.
|
|
(2) Powers and Duties of Department. The Department of Human Services
shall serve as the
official State Planning Agency for juvenile justice for the State of Illinois
and in that capacity is authorized and empowered to discharge any and all
responsibilities imposed on such bodies by the federal Juvenile Justice
and Delinquency Prevention Act of 1974, as amended, specifically the
deinstitutionalization
of status offenders, separation of juveniles and adults in municipal and
county jails, removal of juveniles from county and municipal jails and
monitoring
of compliance with these mandates. In furtherance thereof, the Department
has the powers and duties set forth in paragraphs 3 through 15 of this Section:
(3) To develop annual comprehensive plans based on analysis of juvenile
crime problems and juvenile justice and delinquency prevention needs in
the State, for the improvement of juvenile justice throughout the State,
such plans to be in accordance with the federal Juvenile Justice and Delinquency
Prevention Act of 1974, as amended;
(4) To define, develop and correlate programs and projects relating to
administration of juvenile justice for the State and units of general local
government within the State or for combinations of such units for
improvement in law enforcement;
(5) To advise, assist and make recommendations to the Governor as to how
to achieve a more efficient and effective juvenile justice system;
(5.1) To develop recommendations to ensure the effective reintegration of youth offenders into communities to which they are returning. The Illinois Juvenile Justice Commission, utilizing available information provided by the Department of Juvenile Justice, the Prisoner Review Board, the Illinois Criminal Justice Information Authority, and any other relevant State agency, shall develop by September 30, 2010, a report on juveniles who have been the subject of a parole revocation within the past year in Illinois. The report shall provide information on the number of youth confined in the Department of Juvenile Justice for revocation based on a technical parole violation, the length of time the youth spent on parole prior to the revocation, the nature of the committing offense that served as the basis for the original commitment, demographic information including age, race, sex, and zip code of the underlying offense and the conduct leading to revocation. In addition, the Juvenile Justice Commission shall develop recommendations to:
(A) recommend the development of a tracking system to
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| provide quarterly statewide reports on youth released from the Illinois Department of Juvenile Justice including lengths of stay in the Illinois Department of Juvenile Justice prior to release, length of monitoring post-release, pre-release services provided to each youth, violations of release conditions including length of release prior to violation, nature of violation, and intermediate sanctions offered prior to violation;
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|
(B) recommend outcome measures of educational
|
| attainment, employment, homelessness, recidivism, and other appropriate measures that can be used to assess the performance of the State of Illinois in operating youth offender reentry programs;
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|
(C) recommend due process protections for youth
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| during release decision-making processes including, but not limited to, parole revocation proceedings and release on parole.
|
|
The Commission shall study and make recommendations to the Governor and General Assembly to ensure the effective treatment and supervision of the specialized population of juvenile offenders who are adjudicated delinquent for a sex offense. The Illinois Juvenile Justice Commission shall utilize available information and research on best practices within the State and across the nation including, but not limited to research and recommendations from the U.S. Department of Justice. Among other relevant options, the Commission shall: consider requiring specially trained probation, parole or aftercare officers to supervise juveniles adjudicated as sex offenders; explore the development of individualized probation or parole orders which would include, but is not limited to, supervision and treatment options for juveniles adjudicated as sex offenders; and consider the appropriateness and feasibility of restricting juveniles adjudicated as sex offenders from certain locations including schools and parks.
The Juvenile Justice Commission shall include information and recommendations on the effectiveness of the State's juvenile reentry programming, including progress on the recommendations in subparagraphs (A) and (B) of this paragraph (5.1), in its annual submission of recommendations to the Governor and the General Assembly on matters relative to its function, and in its annual juvenile justice plan. This paragraph (5.1) may be cited as the Youth Reentry Improvement Law of 2009;
(6) To act as a central repository for federal, State, regional and local
research studies, plans, projects, and proposals relating to the improvement
of the juvenile justice system;
(7) To act as a clearing house for information relating to all aspects
of juvenile justice system improvement;
(8) To undertake research studies to aid in accomplishing its purposes;
(9) To establish priorities for the expenditure of funds made
available by the United States for the improvement of the juvenile justice
system throughout the State;
(10) To apply for, receive, allocate, disburse, and account for grants
of funds made available by the United States pursuant to the federal Juvenile
Justice and Delinquency Prevention Act of 1974, as amended; and such other
similar legislation as may be enacted from time to time in order to plan,
establish, operate, coordinate, and evaluate projects directly or through
grants and contracts with public and private agencies for the development
of more effective education, training, research, prevention, diversion,
treatment and rehabilitation programs in the area of juvenile delinquency
and programs to improve the juvenile justice system;
(11) To insure that no more than the maximum percentage of the total annual
State allotment of juvenile justice funds be utilized for the administration
of such funds;
(12) To provide at least 66-2/3 per centum of funds received by the State
under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended,
are expended through:
(a) programs of units of general local government or
|
| combinations thereof, to the extent such programs are consistent with the State plan; and
|
|
(b) programs of local private agencies, to the extent
|
| such programs are consistent with the State plan;
|
|
(13) To enter into agreements with the United States government
which may be required as a condition of obtaining federal funds;
(14) To enter into contracts and cooperate with units of general local
government or combinations of such units, State agencies, and private
organizations
of all types, for the purpose of carrying out the duties of the Department
imposed by this Section or by federal law or
regulations;
(15) To exercise all other powers that are reasonable and necessary to
fulfill its functions under applicable federal law or to further the
purposes of this Section.
(Source: P.A. 96-853, eff. 12-23-09; 96-1271, eff. 1-1-11; 97-163, eff. 1-1-12.)
|
(20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
Sec. 34.10. Home child care demonstration project; conversion and
renovation grants; Department of Human Services.
(a) The legislature finds that the demand for quality child
care far outweighs the number of safe, quality spaces for our children.
The purpose of this Section is to increase the number of child care providers
by:
(1) developing a demonstration project to train |
| individuals to become home child care providers who are able to establish and operate their own child care facility; and
|
|
(2) providing grants to convert and renovate existing
|
|
(b) The Department of Human Services may from appropriations from the Child
Care Development Block Grant establish a demonstration project to train
individuals to become home child care providers who are able to establish
and operate their own home-based child care facilities. The Department of
Human Services is authorized to use funds for this purpose from the child
care and development funds deposited into the DHS Special Purposes Trust Fund as
described in Section 12-10 of the Illinois Public Aid Code or deposited into the Employment and Training Fund as described in Section 12-10.3 of the Illinois Public Aid Code. As an
economic development program, the project's focus is to foster individual
self-sufficiency through an entrepreneurial approach by the creation of new
jobs and opening of new small home-based child care businesses. The
demonstration project shall involve coordination among State and county
governments and the private sector, including but not limited to: the
community college system, the Departments of Labor and Commerce
and Economic Opportunity, the State Board of Education, large and small
private businesses, nonprofit programs, unions, and child care providers
in the State.
The Department shall submit:
(1) a progress report on the demonstration project to
|
| the legislature by one year after January 1, 1992 (the effective date of Public Act 87-332); and
|
|
(2) a final evaluation report on the demonstration
|
| project, including findings and recommendations, to the legislature by one year after the due date of the progress report.
|
|
(c) The Department of Human Services may from appropriations from the Child
Care Development Block Grant provide grants to family child care providers
and center based programs to convert and renovate existing facilities, to
the extent permitted by federal law, so additional family child care homes
and child care centers can be located in such facilities.
(1) Applications for grants shall be made to the
|
| Department and shall contain information as the Department shall require by rule. Every applicant shall provide assurance to the Department that:
|
|
(A) the facility to be renovated or improved
|
| shall be used as family child care home or child care center for a continuous period of at least 5 years;
|
|
(B) any family child care home or child care
|
| center program located in a renovated or improved facility shall be licensed by the Department;
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(C) the program shall comply with applicable
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| federal and State laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, or sex;
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(D) the grant shall not be used for purposes of
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| entertainment or perquisites;
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(E) the applicant shall comply with any other
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| requirement the Department may prescribe to ensure adherence to applicable federal, State, and county laws;
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(F) all renovations and improvements undertaken
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| with funds received under this Section shall comply with all applicable State and county statutes and ordinances including applicable building codes and structural requirements of the Department; and
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(G) the applicant shall indemnify and save
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| harmless the State and its officers, agents, and employees from and against any and all claims arising out of or resulting from the renovation and improvements made with funds provided by this Section, and, upon request of the Department, the applicant shall procure sufficient insurance to provide that indemnification.
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(2) To receive a grant under this Section to convert
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| an existing facility into a family child care home or child care center facility, the applicant shall:
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(A) agree to make available to the Department of
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| Human Services all records it may have relating to the operation of any family child care home and child care center facility, and to allow State agencies to monitor its compliance with the purpose of this Section;
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(B) agree that, if the facility is to be altered
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| or improved, or is to be used by other groups, moneys appropriated by this Section shall be used for renovating or improving the facility only to the proportionate extent that the floor space will be used by the child care program; and
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(C) establish, to the satisfaction of the
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| Department that sufficient funds are available for the effective use of the facility for the purpose for which it is being renovated or improved.
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(3) In selecting applicants for funding, the
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| Department shall make every effort to ensure that family child care home or child care center facilities are equitably distributed throughout the State according to demographic need. The Department shall give priority consideration to rural/Downstate areas of the State that are currently experiencing a shortage of child care services.
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(4) In considering applications for grants to
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| renovate or improve an existing facility used for the operations of a family child care home or child care center, the Department shall give preference to applications to renovate facilities most in need of repair to address safety and habitability concerns. No grant shall be disbursed unless an agreement is entered into between the applicant and the State, by and through the Department. The agreement shall include the assurances and conditions required by this Section and any other terms which the Department may require.
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(Source: P.A. 103-363, eff. 7-28-23.)
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(20 ILCS 505/34.11)
Sec. 34.11. Lou Jones Grandparent Child Care Program.
(a) The General Assembly finds and declares the following:
(1) An increasing number of children under the age of |
| 18, including many children who would otherwise be at risk of abuse or neglect, are in the care of a grandparent or other nonparent relative.
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(2) The principal causes of this increase include
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| parental substance abuse, chronic illness, child abuse, mental illness, military deployment, poverty, homelessness, deportation, and death, as well as concerted efforts by families and by the child welfare service system to keep children with relatives whenever possible.
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(3) Grandparents and older relatives providing
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| primary care for at-risk children may experience unique resultant problems, such as financial stress due to limited incomes, emotional difficulties dealing with the loss of the child's parents or the child's unique behaviors, and decreased physical stamina coupled with a much higher incidence of chronic illness.
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(4) Many children being raised by nonparent relatives
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| experience one or a combination of emotional, behavioral, psychological, academic, or medical problems, especially those born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment.
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(5) Grandparents and other relatives providing
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| primary care for children lack appropriate information about the issues of kinship care, the special needs (both physical and psychological) of children born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment, and the support resources currently available to them.
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(6) An increasing number of grandparents and other
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| relatives age 60 or older are adopting or becoming the subsidized guardians of children placed in their care by the Department. Some of these children will experience the death of their adoptive parent or guardian before reaching the age of 18. For most of these children, no legal plan has been made for the child's future care and custody in the event of the caregiver's death or incapacity.
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(7) Grandparents and other relatives providing
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| primary care for children lack appropriate information about future care and custody planning for children in their care. They also lack access to resources that may assist them in developing future legal care and custody plans for children in their legal custody.
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(b) The Department may establish an informational and educational program
for grandparents and other relatives who provide primary care for children who
are at risk of child abuse, neglect, or abandonment or who were born to
substance-abusing mothers. As a part of the program, the Department may
develop, publish, and distribute an informational brochure for grandparents and
other relatives who provide primary care for children who are at risk of child
abuse, neglect, or abandonment or who were born to substance-abusing mothers.
The information provided under the program authorized by this Section may
include, but is not limited to the following:
(1) The most prevalent causes of kinship care,
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| especially the risk of (i) substance exposure, (ii) child abuse, neglect, or abandonment, (iii) chronic illness, (iv) mental illness, (v) military deployment, or (vi) death.
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(2) The problems experienced by children being raised
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(3) The problems experienced by grandparents and
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| other nonparent relatives providing primary care for children who have special needs.
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(4) The legal system as it relates to children and
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| their nonparent primary caregivers.
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(5) The benefits available to children and their
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| nonparent primary caregivers.
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(6) A list of support groups and resources located
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The brochure may be distributed through hospitals, public health nurses,
child protective services, medical professional offices, elementary and
secondary schools, senior citizen centers, public libraries, community action
agencies selected by the Department, and the Department of Human Services.
The Kinship Navigator established under the Kinship Navigator Act shall coordinate the grandparent child care program under this Section with the programs and services established and administered by the Department of Human Services under the Kinship Navigator Act.
(c) In addition to other provisions of this Section, the Department shall establish a program of information, social work services, and legal services for any person age 60 or over and any other person who may be in need of a future legal care and custody plan who adopt, have adopted, take guardianship of, or have taken guardianship of children previously in the Department's custody. This program shall also assist families of deceased adoptive parents and guardians. As part of the program, the Department shall:
(1) Develop a protocol for identification of persons
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| age 60 or over and others who may be in need of future care and custody plans, including ill caregivers, who are adoptive parents, prospective adoptive parents, guardians, or prospective guardians of children who are or have been in Department custody.
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(2) Provide outreach to caregivers before and after
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| adoption and guardianship, and to the families of deceased caregivers, regarding Illinois legal options for future care and custody of children.
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(3) Provide training for Department and private
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| agency staff on methods of assisting caregivers before and after adoption and guardianship, and the families of older and ill caregivers, who wish to make future care and custody plans for children who have been youth in care and who are or will be adopted by or are or will be placed in the guardianship of those caregivers.
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(4) Ensure that all caregivers age 60 or over who
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| will adopt or will become guardians of former youth in care have specifically designated future caregivers for children in their care. The Department shall document this designation, and the Department shall also document acceptance of this responsibility by any future caregiver. Documentation of future care designation shall be included in each child's case file and adoption or guardianship subsidy files as applicable to the child.
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(5) Ensure that any designated future caregiver and
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| the family of a deceased caregiver have information on the financial needs of the child and future resources that may be available to support the child, including any adoption assistance and subsidized guardianship for which the child is or may be eligible.
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(6) With respect to programs of social work and legal
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(i) Provide contracted social work services to
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| older and ill caregivers, and the families of deceased caregivers, including those who will or have adopted or will take or have taken guardianship of children previously in Department custody. Social work services to caregivers will have the goal of securing a future care and custody plan for children in their care. Such services will include providing information to the caregivers and families on standby guardianship, guardianship, standby adoption, and adoption. The Department will assist the caregiver in developing a plan for the child if the caregiver becomes incapacitated or terminally ill, or dies while the child is a minor. The Department shall develop a form to document the information given to caregivers and to document plans for future custody, in addition to the documentation described in subsection (b) (4). This form shall be included in each child's case file and adoption or guardianship subsidy files as applicable to the child.
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(ii) Through a program of contracted legal
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| services, assist older and ill caregivers, and the families of deceased caregivers, with the goal of securing court-ordered future care and custody plans for children in their care. Court-ordered future care and custody plans may include: standby guardianship, successor guardianship, standby adoption, and successor adoption. The program will also study ways in which to provide timely and cost-effective legal services to older and ill caregivers, and to families of deceased caregivers in order to ensure permanency for children in their care.
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(7) Ensure that future caregivers designated by
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| adoptive parents or guardians, and the families of deceased caregivers, understand their rights and potential responsibilities and shall be able to provide adequate support and education for children who may become their legal responsibility.
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(8) Ensure that future caregivers designated by
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| adoptive parents and guardians, and the families of deceased caregivers, understand the problems of children who have experienced multiple caregivers and who may have experienced abuse, neglect, or abandonment or may have been born to substance-abusing mothers.
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(9) Ensure that future caregivers designated by
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| adoptive parents and guardians, and the families of deceased caregivers, understand the problems experienced by older and ill caregivers of children, including children with special needs, such as financial stress due to limited income and increased financial responsibility, emotional difficulties associated with the loss of a child's parent or the child's unique behaviors, the special needs of a child who may come into their custody or whose parent or guardian is already deceased, and decreased physical stamina and a higher rate of chronic illness and other health concerns.
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(10) Provide additional services as needed to
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| families in which a designated caregiver appointed by the court or a caregiver designated in a will or other legal document cannot or will not fulfill the responsibilities as adoptive parent, guardian, or legal custodian of the child.
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(d) The Department shall consult with the Department on Aging and any other agency it deems appropriate as the Department develops the program required by subsection (c).
(e) Rulemaking authority to implement Public Act 95-1040, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 100-159, eff. 8-18-17.)
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