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90_HB0059
325 ILCS 5/8.2 from Ch. 23, par. 2058.2
325 ILCS 5/8.2a new
325 ILCS 5/8.2b new
Amends the Abused and Neglected Child Reporting Act.
Provides standards to use in annual evaluations of family
preservation programs provided by the Department of Children
and Family Services or private agencies under contract with
DCFS. Provides that results of the annual evaluation shall
be reported to the General Assembly. Provides that if the
evaluation determines that a program is unsuccessful, further
State funding shall cease. Provides for parent education
classes as part of the family preservation plan. Provides
minimum curriculum requirements for the parenting classes.
Provides guidelines for determining whether the child's
family is willing and able to provide the child with a safe
family home. Effective immediately.
LRB9000711KRks
LRB9000711KRks
1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by changing Section 8.2 and adding Sections 8.2a and
3 8.2b.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Abused and Neglected Child Reporting Act
7 is amended by changing Section 8.2 and adding Sections 8.2a
8 and 8.2b as follows:
9 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 8.2. If the Child Protective Service Unit
12 determines, following an investigation made pursuant to
13 Section 7.4 of this Act, that there is credible evidence that
14 the child is abused or neglected, the Department shall assess
15 the family's need for services, and, as necessary, develop,
16 with the family, an appropriate service plan for the family's
17 voluntary acceptance or refusal. In any case where there is
18 evidence that the perpetrator of the abuse or neglect is an
19 addict or alcoholic as defined in the Alcoholism and Other
20 Drug Abuse and Dependency Act, the Department, when making
21 referrals for drug or alcohol abuse services, shall make such
22 referrals to facilities licensed by the Department of
23 Alcoholism and Substance Abuse or the Department of Public
24 Health. The Department shall comply with Section 8.1 by
25 explaining its lack of legal authority to compel the
26 acceptance of services and may explain its noncommitant
27 authority to petition the Circuit court under the Juvenile
28 Court Act of 1987 or refer the case to the local law
29 enforcement authority or State's attorney for criminal
30 prosecution.
31 For purposes of this Act, the term "family preservation
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1 services" refers to all services to prevent the placement of
2 children in substitute care, to reunite them with their
3 families if so placed and if reunification is an appropriate
4 goal, or to maintain an adoptive placement. The term
5 "homemaker" includes emergency caretakers, homemakers,
6 caretakers, housekeepers and chore services. The term
7 "counseling" includes individual therapy, infant stimulation
8 therapy, family therapy, group therapy, self-help groups,
9 drug and alcohol abuse counseling, vocational counseling and
10 post-adoptive services. The term "day care" includes
11 protective day care and day care to meet educational,
12 prevocational or vocational needs. The term "emergency
13 assistance and advocacy" includes coordinated services to
14 secure emergency cash, food, housing and medical assistance
15 or advocacy for other subsistence and family protective
16 needs.
17 Before July 1, 2000, appropriate family preservation
18 services shall, subject to appropriation, be included in the
19 service plan if the Department has determined that those
20 services are in the child's best interests and when the child
21 will not be in imminent risk of harm. Beginning July 1,
22 2000, appropriate family preservation services shall be
23 uniformly available throughout the State. The Department
24 shall promptly notify children and families of the
25 Department's responsibility to offer and provide family
26 preservation services as identified in the service plan.
27 Such plans may include but are not limited to: case
28 management services; homemakers; counseling; parent
29 education; day care; emergency assistance and advocacy
30 assessments; respite care; in-home health care;
31 transportation to obtain any of the above services; and
32 medical assistance. Nothing in this paragraph shall be
33 construed to create a private right of action or claim on the
34 part of any individual or child welfare agency.
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1 The Department shall provide a preliminary report to the
2 General Assembly no later than January 1, 1991, in regard to
3 the provision of services authorized pursuant to this
4 Section. The report shall include:
5 (a) the number of families and children served, by
6 type of services;
7 (b) the outcome from the provision of such
8 services, including the number of families which remained
9 intact at least 6 months following the termination of
10 services;
11 (c) the number of families which have been subjects
12 of founded reports of abuse following the termination of
13 services;
14 (d) an analysis of general family circumstances in
15 which family preservation services have been determined
16 to be an effective intervention;
17 (e) information regarding the number of families in
18 need of services but unserved due to budget or program
19 criteria guidelines;
20 (f) an estimate of the time necessary for and the
21 annual cost of statewide implementation of such services;
22 (g) an estimate of the length of time before
23 expansion of these services will be made to include
24 families with children over the age of 6; and
25 (h) recommendations regarding any proposed
26 legislative changes to this program.
27 Each Department field office shall maintain on a local
28 basis directories of services available to children and
29 families in the local area where the Department office is
30 located.
31 The Department shall refer children and families served
32 pursuant to this Section to private agencies and governmental
33 agencies, where available.
34 Where there are 2 equal proposals from both a
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1 not-for-profit and a for-profit agency to provide services,
2 the Department shall give preference to the proposal from the
3 not-for-profit agency.
4 No service plan shall compel any child or parent to
5 engage in any activity or refrain from any activity which is
6 not reasonably related to remedying a condition or conditions
7 that gave rise or which could give rise to any finding of
8 child abuse or neglect.
9 Family preservation programs provided by the Department
10 or through a private agency under contract to the Department
11 shall be evaluated annually and shall be deemed successful if
12 each program meets the following standards:
13 (a) Enables families to resolve their own problems,
14 effectively utilize service systems, and advocate for
15 their children in educational and social agencies.
16 (b) Enhances family functioning by building on
17 family strengths.
18 (c) At least 75% of the children receiving services
19 remain in their own home for 6 months after termination
20 of services.
21 (d) At least 95% of the children receiving services
22 are not the subject of reports of severe physical or
23 sexual abuse by those receiving services.
24 (e) During the first year after services are
25 terminated:
26 (i) At least 60% of the children receiving
27 services remain at home one year after services are
28 terminated.
29 (ii) The average length of stay in out-of-home
30 care of children selected to receive services who
31 have already been removed from their home and placed
32 in out-of-home care is 50% less than the average
33 length of stay in out-of-home care of children who
34 do not receive program services.
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1 (f) Two years after the termination of family
2 preservation services:
3 (i) The average length of out-of-home stay of
4 children under this Section who, at any time of
5 selection, are in out-of-home care, is 50% less than
6 the average length of stay in out-of-home care for
7 children in out-of-home care for children who do not
8 receive services under this Section.
9 (ii) At least 60% of the children who were
10 returned home under this Section remain at home.
11 The complete results of these evaluations shall be
12 provided in an annual report to the General Assembly by
13 February 1 of each year. In the event that any family
14 preservation program established under this Section is deemed
15 unsuccessful by the Department, the program shall not receive
16 further State funding.
17 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 8.2. If the Child Protective Service Unit
20 determines, following an investigation made pursuant to
21 Section 7.4 of this Act, that there is credible evidence that
22 the child is abused or neglected, the Department shall assess
23 the family's need for services, and, as necessary, develop,
24 with the family, an appropriate service plan for the family's
25 voluntary acceptance or refusal. In any case where there is
26 evidence that the perpetrator of the abuse or neglect is an
27 addict or alcoholic as defined in the Alcoholism and Other
28 Drug Abuse and Dependency Act, the Department, when making
29 referrals for drug or alcohol abuse services, shall make such
30 referrals to facilities licensed by the Department of Human
31 Services or the Department of Public Health. The Department
32 shall comply with Section 8.1 by explaining its lack of legal
33 authority to compel the acceptance of services and may
34 explain its noncommitant authority to petition the Circuit
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1 court under the Juvenile Court Act of 1987 or refer the case
2 to the local law enforcement authority or State's attorney
3 for criminal prosecution.
4 For purposes of this Act, the term "family preservation
5 services" refers to all services to prevent the placement of
6 children in substitute care, to reunite them with their
7 families if so placed and if reunification is an appropriate
8 goal, or to maintain an adoptive placement. The term
9 "homemaker" includes emergency caretakers, homemakers,
10 caretakers, housekeepers and chore services. The term
11 "counseling" includes individual therapy, infant stimulation
12 therapy, family therapy, group therapy, self-help groups,
13 drug and alcohol abuse counseling, vocational counseling and
14 post-adoptive services. The term "day care" includes
15 protective day care and day care to meet educational,
16 prevocational or vocational needs. The term "emergency
17 assistance and advocacy" includes coordinated services to
18 secure emergency cash, food, housing and medical assistance
19 or advocacy for other subsistence and family protective
20 needs.
21 Before July 1, 2000, appropriate family preservation
22 services shall, subject to appropriation, be included in the
23 service plan if the Department has determined that those
24 services are in the child's best interests and when the child
25 will not be in imminent risk of harm. Beginning July 1,
26 2000, appropriate family preservation services shall be
27 uniformly available throughout the State. The Department
28 shall promptly notify children and families of the
29 Department's responsibility to offer and provide family
30 preservation services as identified in the service plan.
31 Such plans may include but are not limited to: case
32 management services; homemakers; counseling; parent
33 education; day care; emergency assistance and advocacy
34 assessments; respite care; in-home health care;
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1 transportation to obtain any of the above services; and
2 medical assistance. Nothing in this paragraph shall be
3 construed to create a private right of action or claim on the
4 part of any individual or child welfare agency.
5 The Department shall provide a preliminary report to the
6 General Assembly no later than January 1, 1991, in regard to
7 the provision of services authorized pursuant to this
8 Section. The report shall include:
9 (a) the number of families and children served, by
10 type of services;
11 (b) the outcome from the provision of such
12 services, including the number of families which remained
13 intact at least 6 months following the termination of
14 services;
15 (c) the number of families which have been subjects
16 of founded reports of abuse following the termination of
17 services;
18 (d) an analysis of general family circumstances in
19 which family preservation services have been determined
20 to be an effective intervention;
21 (e) information regarding the number of families in
22 need of services but unserved due to budget or program
23 criteria guidelines;
24 (f) an estimate of the time necessary for and the
25 annual cost of statewide implementation of such services;
26 (g) an estimate of the length of time before
27 expansion of these services will be made to include
28 families with children over the age of 6; and
29 (h) recommendations regarding any proposed
30 legislative changes to this program.
31 Each Department field office shall maintain on a local
32 basis directories of services available to children and
33 families in the local area where the Department office is
34 located.
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1 The Department shall refer children and families served
2 pursuant to this Section to private agencies and governmental
3 agencies, where available.
4 Where there are 2 equal proposals from both a
5 not-for-profit and a for-profit agency to provide services,
6 the Department shall give preference to the proposal from the
7 not-for-profit agency.
8 No service plan shall compel any child or parent to
9 engage in any activity or refrain from any activity which is
10 not reasonably related to remedying a condition or conditions
11 that gave rise or which could give rise to any finding of
12 child abuse or neglect.
13 Family preservation programs provided by the Department
14 or through a private agency under contract to the Department
15 shall be evaluated annually and shall be deemed successful if
16 each program meets the following standards:
17 (a) Enables families to resolve their own problems,
18 effectively utilize service systems, and advocate for
19 their children in educational and social agencies.
20 (b) Enhances family functioning by building on
21 family strengths.
22 (c) At least 75% of the children receiving services
23 remain in their own home for 6 months after termination
24 of services.
25 (d) At least 95% of the children receiving services
26 are not the subject of reports of severe physical or
27 sexual abuse by those receiving services.
28 (e) During the first year after services are
29 terminated:
30 (i) At least 60% of the children receiving
31 services remain at home one year after services are
32 terminated.
33 (ii) The average length of stay in out-of-home
34 care of children selected to receive services who
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1 have already been removed from their home and placed
2 in out-of-home care is 50% less than the average
3 length of stay in out-of-home care of children who
4 do not receive program services.
5 (f) Two years after the termination of family
6 preservation services:
7 (i) The average length of out-of-home stay of
8 children under this Section who, at any time of
9 selection, are in out-of-home care, is 50% less than
10 the average length of stay in out-of-home care for
11 children in out-of-home care for children who do not
12 receive services under this Section.
13 (ii) At least 60% of the children who were
14 returned home under this Section remain at home.
15 The complete results of these evaluations shall be
16 provided in an annual report to the General Assembly by
17 February 1 of each year. In the event that any family
18 preservation program established under this Section is deemed
19 unsuccessful by the Department, the program shall not receive
20 further State funding.
21 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
22 89-507, eff. 7-1-97.)
23 (325 ILCS 5/8.2a new)
24 Sec. 8.2a. Family preservation or family reunification
25 parent education. Each agency or entity that offers a parent
26 education course as a part of a family preservation or family
27 reunification effort for a parent or parents of a child who
28 has been the subject of a child abuse or neglect report under
29 this Act, is subject to an adjudication or is in the process
30 of being adjudicated a dependent child of the court, or whose
31 family is participating in a voluntary maintenance program
32 shall meet all of the requirements specified in this Section.
33 Organizations that receive State funding for the purpose of
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1 providing parenting courses shall meet those requirements as
2 a condition of receiving State funding. The requirements are
3 as follows:
4 (a) Each parenting course shall be no more than 6 months
5 in duration and shall meet for a specified number of hours
6 determined by each program as sufficient to meet all of the
7 requirements listed in subdivision (b).
8 (b) The curriculum shall include the following
9 components:
10 (1) Building self-esteem, including, but not
11 limited to, parents building a positive parental identity
12 and building the self-esteem of their children.
13 (2) Handling stress and anger.
14 (3) Fostering the growth and development of
15 children, including, but not limited to, safety,
16 nutrition, and health.
17 (4) Developing and increasing communication skills
18 in order that a parent may learn to listen and speak with
19 his or her child or children.
20 (5) Learning to use positive disciplinary
21 mechanisms as alternatives to the physical punishment of
22 a child, including, but not limited to, learning what
23 constitutes abuse and neglect.
24 (6) Learning the boundaries of permissive sexual
25 conduct by adults with regard to children.
26 (7) Referral to a substance or alcohol abuse
27 diagnostic program if there is a history of substance or
28 alcohol abuse in the child's family.
29 (8) Respect for, and sensitivity to, cultural
30 differences in child rearing practices in addressing all
31 of the topics listed in paragraphs (1) to (7), inclusive.
32 (c) Each parenting course is encouraged to have a
33 maximum parent teacher ratio of 15 parents for each teacher.
34 (d) Each parenting course is encouraged to conduct an
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1 initial assessment and interview of each parent enrolled in
2 the course.
3 (e) Each parenting course shall give a preliminary
4 examination prior to the start of the course and an
5 examination at the conclusion of the course to measure
6 changes in parental attitudes.
7 (f) Each parenting course shall enter into a written
8 agreement with each parent with respect to the
9 responsibilities a parent shall satisfy in order to pass the
10 course.
11 (g) The staff of each parenting course shall have
12 training in the following areas:
13 (1) The prevention of child abuse and neglect.
14 (2) Parenting techniques.
15 (h) Each parenting course shall provide the following
16 information to the appropriate regional or area office of the
17 Department for the region or area in which the course is
18 taught, for clients referred through the Department:
19 (1) Level of participation by parents.
20 (2) Number of course hours completed.
21 (3) Topics covered during attendance in class by a
22 parent and topics covered during a parent's absence from
23 class.
24 (4) Assessment of a parent's gain in his or her
25 knowledge about parenting as demonstrated by tests prior
26 to and after the parenting course.
27 (325 ILCS 5/8.2b new)
28 Sec. 8.2b. Service plan guidelines.
29 (a) The following guidelines shall be fully considered
30 when determining whether the child's family is willing and
31 able to provide the child with a safe family home:
32 (1) The age and the physical and mental
33 vulnerability of the child.
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1 (2) The date or dates upon which the child was
2 placed out of the family home, and the date or dates of
3 any subsequent change in placement.
4 (3) The magnitude of the harm suffered by the
5 child.
6 (4) The frequency of the harm suffered by the
7 child.
8 (5) Whether the child has been the victim of
9 repeated harm after an initial report and intervention by
10 a social agency.
11 (6) Whether the child is fearful of living in or
12 returning to the child's family home.
13 (7) The results of psychiatric, psychological,
14 developmental evaluations of the child, the alleged
15 perpetrator, and other appropriate family members who are
16 parties.
17 (8) Whether there is a history of abusive or
18 assaultive conduct by the child's family or others who
19 have access to the child's family home.
20 (9) Whether the non-perpetrators who reside in the
21 child's home are willing and able to protect the child.
22 (10) Whether the perpetrator of the harm to the
23 child is identified.
24 (11) Whether the perpetrator has admitted and
25 acknowledged his or her responsibility for the harm.
26 (12) Whether the perpetrator has apologized to the
27 child for the harm.
28 (13) The motive of the perpetrator.
29 (14) Whether the perpetrator has been removed from
30 the child's family home prior to any removal of the child
31 and will not return for any reason without prior
32 permission of the court. If necessary, the perpetrator
33 shall be removed from the child's family home by court
34 order under Section 2-25 of the Juvenile Court Act of
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1 1987.
2 (15) The willingness and ability of the child's
3 family to seek out, accept, and complete counseling
4 services, and to cooperate with and facilitate close
5 supervision by an appropriate social agency.
6 (16) The willingness and ability of the child's
7 family to effect positive environmental and personal
8 changes within a reasonable period of time.
9 (17) Whether the child's family demonstrates
10 adequate parenting skills, such as providing the child
11 and other children under their care with the following:
12 (A) Minimally adequate health and nutritional
13 care.
14 (B) Stimulation, care, nurturance, and
15 appropriate discipline consistent with the child's
16 physical and psychological development.
17 (C) Guidance and supervision consistent with
18 the child's safety.
19 (D) A safe physical home environment.
20 (E) Protection from repeated exposure to
21 violence, even though not directed at the child.
22 (18) Whether the child's family has an
23 understanding of the child's needs and capabilities.
24 (19) Whether the child's family perceives the child
25 as being "different".
26 (20) The child's family's psychological attachment
27 to the child.
28 (21) Whether the child's family problems relating
29 to the safety of the family home are sufficiently
30 resolved.
31 (22) Whether the obstacles to getting assistance
32 are minimal, such as whether telephone and transportation
33 are available.
34 (23) Whether a competent person knows the child's
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1 family well enough to have sufficient contact and
2 knowledge to recognize both immediate and pending
3 problems.
4 (24) Whether the competent person in paragraph (23)
5 can and will intervene and help, as well as report, when
6 a problem is recognized.
7 (25) Whether there is available a social support
8 system consisting of an extended family and friends.
9 (26) Whether there are other professionals,
10 agencies, or relatives who have provided evidence that
11 the child's family home is safe.
12 (b) The following guidelines, relating specifically to
13 the child, shall be considered in determining whether the
14 family home is a healthy environment for the child:
15 (1) The current facts relating to the child, which
16 include the following:
17 (A) Age and vulnerability.
18 (B) Psychological, medical, and dental needs.
19 (C) Peer and family relationships and bonding
20 abilities.
21 (D) Developmental growth and schooling.
22 (E) Current living situation.
23 (F) Fear of being in the family home.
24 (G) Services provided the child.
25 (2) The initial and subsequent reports of harm or
26 threatened harm suffered by the child.
27 (3) The date or dates and reason for the child's
28 placement out of the home, a description of the
29 appropriateness and location of the placement, and who
30 has placement responsibility.
31 (4) Historical facts relating to the alleged
32 perpetrator and other appropriate family members who are
33 parties, which include the following:
34 (A) Birthplace and family of origin.
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1 (B) How they were parented.
2 (C) Marital or relationship history.
3 (D) Prior involvement in services.
4 (5) The results of psychiatric, psychological,
5 developmental evaluations of the child, the alleged
6 perpetrator, and other appropriate family members who are
7 parties.
8 (6) Whether there is a history of abusive or
9 assaultive conduct by the child's family or others who
10 have access to the family home.
11 (7) Whether there is a history of substance abuse
12 by the child's family or others who have access to the
13 family home.
14 (8) Whether the alleged perpetrator has
15 acknowledged and apologized for the harm.
16 (9) Whether the non-perpetrator or non-perpetrators
17 who reside in the family home have demonstrated the
18 ability to protect the child from further harm and ensure
19 that current protective orders are enforced.
20 (10) Whether there is a support system of extended
21 family or friends available to the child's family.
22 (11) Whether the child's family has demonstrated an
23 understanding and utilization of the recommended or court
24 ordered services designated to effectuate a safe home for
25 the child.
26 (12) Whether the child's family has resolved or can
27 resolve the identified safety issues in the family home
28 within a reasonable period of time.
29 (13) Whether the child's family has demonstrated
30 the ability to understand and adequately parent the
31 child, especially in the areas of communication,
32 nurturing, child development, perception of the child,
33 and meeting the child's physical and emotional needs.
34 (14) Assessment (to include the demonstrated
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1 ability of the child's family to provide a safe family
2 home for the child) and recommendation.
3 Section 95. No acceleration or delay. Where this Act
4 makes changes in a statute that is represented in this Act by
5 text that is not yet or no longer in effect (for example, a
6 Section represented by multiple versions), the use of that
7 text does not accelerate or delay the taking effect of (i)
8 the changes made by this Act or (ii) provisions derived from
9 any other Public Act.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.