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90_HB0062ham002
LRB9000704MWpcam02
1 AMENDMENT TO HOUSE BILL 62
2 AMENDMENT NO. . Amend House Bill 62, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Children and Family Services Act is
6 amended by changing Sections 5 and 7 and adding Sections 7.5
7 and 7.10 as follows:
8 (20 ILCS 505/5) (from Ch. 23, par. 5005)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 5. To provide direct child welfare services when
11 not available through other public or private child care or
12 program facilities.
13 (a) For purposes of this Section:
14 (1) "Children" means persons found within the State
15 who are under the age of 18 years. The term also
16 includes persons under age 19 who:
17 (A) were committed to the Department pursuant
18 to the Juvenile Court Act or the Juvenile Court Act
19 of 1987, as amended, prior to the age of 18 and who
20 continue under the jurisdiction of the court; or
21 (B) were accepted for care, service and
22 training by the Department prior to the age of 18
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1 and whose best interest in the discretion of the
2 Department would be served by continuing that care,
3 service and training because of severe emotional
4 disturbances, physical disability, social adjustment
5 or any combination thereof, or because of the need
6 to complete an educational or vocational training
7 program.
8 (2) "Homeless youth" means persons found within the
9 State who are under the age of 19, are not in a safe and
10 stable living situation and cannot be reunited with their
11 families.
12 (3) "Child welfare services" means public social
13 services which are directed toward the accomplishment of
14 the following purposes:
15 (A) protecting and promoting the welfare of
16 children, including homeless, dependent or neglected
17 children;
18 (B) preventing or remedying, or assisting in
19 the solution of problems which may result in, the
20 neglect, abuse, exploitation or delinquency of
21 children;
22 (C) preventing the unnecessary separation of
23 children from their families by identifying family
24 problems, assisting families in resolving their
25 problems, and preventing the breakup of the family
26 where the prevention of child removal is desirable
27 and possible;
28 (D) restoring to their families children who
29 have been removed, by the provision of services to
30 the child and the families;
31 (E) placing children in suitable adoptive
32 homes, in cases where restoration to the biological
33 family is not possible or appropriate;
34 (F) assuring adequate care of children away
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1 from their homes, in cases where the child cannot be
2 returned home or cannot be placed for adoption;
3 (G) providing supportive services and living
4 maintenance which contribute to the physical,
5 emotional and social well-being of children who are
6 pregnant and unmarried;
7 (H) providing shelter and independent living
8 services for homeless youth; and
9 (I) placing and maintaining children in
10 facilities that provide separate living quarters for
11 children under the age of 18 and for children 18
12 years of age and older, unless a child 18 years of
13 age is in the last year of high school education or
14 vocational training, in an approved individual or
15 group treatment program, or in a licensed shelter
16 facility. The Department is not required to place
17 or maintain children:
18 (i) who are in a foster home, or
19 (ii) who are persons with a developmental
20 disability, as defined in the Mental Health and
21 Developmental Disabilities Code, or
22 (iii) who are female children who are
23 pregnant, pregnant and parenting or parenting,
24 or
25 (iv) who are siblings,
26 in facilities that provide separate living quarters
27 for children 18 years of age and older and for
28 children under 18 years of age.
29 (b) Nothing in this Section shall be construed to
30 authorize the expenditure of public funds for the purpose of
31 performing abortions.
32 (c) The Department shall establish and maintain
33 tax-supported child welfare services and extend and seek to
34 improve voluntary services throughout the State, to the end
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1 that services and care shall be available on an equal basis
2 throughout the State to children requiring such services.
3 (d) The Director may authorize advance disbursements for
4 any new program initiative to any agency contracting with the
5 Department. As a prerequisite for an advance disbursement,
6 the contractor must post a surety bond in the amount of the
7 advance disbursement and have a purchase of service contract
8 approved by the Department. The Department may pay up to 2
9 months operational expenses in advance. The amount of the
10 advance disbursement shall be prorated over the life of the
11 contract or the remaining months of the fiscal year,
12 whichever is less, and the installment amount shall then be
13 deducted from future bills. Advance disbursement
14 authorizations for new initiatives shall not be made to any
15 agency after that agency has operated during 2 consecutive
16 fiscal years. The requirements of this Section concerning
17 advance disbursements shall not apply with respect to the
18 following: payments to local public agencies for child day
19 care services as authorized by Section 5a of this Act; and
20 youth service programs receiving grant funds under Section
21 17a-4.
22 (e) For the purpose of insuring effective state-wide
23 planning, development, and utilization of resources for the
24 day care of children, operated under various auspices, the
25 Department is hereby designated to coordinate all day care
26 activities for children of the State and shall:
27 (1) Develop on or before December 1, 1977, and
28 update every year thereafter, a state comprehensive
29 day-care plan for submission to the Governor which
30 identifies high-priority areas and groups, relating them
31 to available resources, and identifying the most
32 effective approaches to the use of existing day care
33 services. The State comprehensive day-care plan shall be
34 made available to the General Assembly following the
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1 Governor's approval of the plan.
2 The plan shall include methods and procedures for
3 the development of additional day care resources for
4 children to meet the goal of reducing short-run and
5 long-run dependency and to provide necessary enrichment
6 and stimulation to the education of young children.
7 Recommendation shall be made for State policy on optimum
8 use of private and public, local, state and federal
9 resources, including an estimate of the resources needed
10 for the licensing and regulation of day care facilities.
11 A written report shall be submitted to the Governor
12 and the General Assembly, annually, on April 15, and
13 shall include an evaluation of developments over the
14 preceding fiscal year, including cost-benefit analyses of
15 various arrangements. Beginning with the report in 1990
16 and every 2 years thereafter, the report shall also
17 include the following:
18 (A) An assessment of the child care services,
19 needs and available resources throughout the State
20 and an assessment of the adequacy of existing child
21 care services, including, but not limited to,
22 services assisted under this Act and under any other
23 program administered by other State agencies.
24 (B) A survey of day care facilities to
25 determine the number of qualified caregivers, as
26 defined by rule, attracted to vacant positions and
27 any problems encountered by facilities in attracting
28 and retaining capable caregivers.
29 (C) The average wages and salaries and fringe
30 benefit packages paid to caregivers throughout the
31 State, computed on a regional basis.
32 (D) The qualifications of new caregivers hired
33 at licensed day care facilities during the previous
34 2 year period.
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1 (E) Recommendations for increasing caregiver
2 wages and salaries to insure quality care for
3 children.
4 (F) Evaluation of the fee structure and income
5 eligibility for child care subsidized by the State.
6 The requirement for reporting to the General
7 Assembly shall be satisfied by filing copies of the
8 report with the Speaker, the Minority Leader and the
9 Clerk of the House of Representatives and the President,
10 the Minority Leader and the Secretary of the Senate and
11 the Legislative Research Unit, as required by Section 3.1
12 of the General Assembly Organization Act, and filing such
13 additional copies with the State Government Report
14 Distribution Center for the General Assembly as is
15 required under paragraph (t) of Section 7 of the State
16 Library Act.
17 (2) Establish policies and procedures for
18 developing and implementing interagency agreements with
19 other agencies of the State providing child care services
20 or reimbursement for such services.
21 (3) In cooperation with other State agencies,
22 develop and implement a resource and referral system for
23 the State of Illinois either within the Department or by
24 contract with local or regional agencies. Funding for
25 implementation of this system may be provided through
26 Department appropriations or other inter-agency funding
27 arrangements. The resource and referral system shall
28 provide at least the following services:
29 (A) assembling and maintaining a data base on
30 the supply of child care services;
31 (B) providing information and referrals for
32 parents;
33 (C) coordinating the development of new child
34 care resources;
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1 (D) providing technical assistance and
2 training to child care service providers; and
3 (E) recording and analyzing the demand for
4 child care services.
5 The Department shall complete implementation of this
6 resource and referral system in all regions of the State
7 by January 1, 1992.
8 (4) Conduct day care planning activities with the
9 following priorities:
10 (A) development of voluntary day care
11 resources wherever possible, with the provision for
12 grants-in-aid only where demonstrated to be useful
13 and necessary as incentives or supports;
14 (B) emphasis on service to children of
15 recipients of public assistance where such service
16 will allow training or employment of the parent
17 toward achieving the goal of independence;
18 (C) maximum employment of recipients of public
19 assistance in day care centers and day care homes,
20 operated in conjunction with short-term work
21 training programs;
22 (D) care of children from families in stress
23 and crises whose members potentially may become, or
24 are in danger of becoming, non-productive and
25 dependent;
26 (E) expansion of family day care facilities
27 wherever possible;
28 (F) location of centers in economically
29 depressed neighborhoods, preferably in multi-service
30 centers with cooperation of other agencies;
31 (G) use of existing facilities free of charge
32 or for reasonable rental wherever possible in lieu
33 of construction;
34 (H) development of strategies for assuring a
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1 more complete range of day care options, including
2 provision of day care services in homes, in schools
3 or in centers, which will enable a parent or parents
4 to complete a course of education or obtain or
5 maintain employment.
6 Emphasis shall be given to support services which
7 will help to ensure such parents' graduation from high
8 school and to services for participants in the Project
9 Chance program of job training conducted by the Illinois
10 Department of Public Aid.
11 (5) Actively stimulate the development of public
12 and private resources at the local level. It shall also
13 seek the fullest utilization of federal funds directly or
14 indirectly available to the Department.
15 Where appropriate, existing non-governmental agencies or
16 associations shall be involved in planning by the Department.
17 (f) The Department, pursuant to a contract with the
18 Illinois Department of Public Aid, may provide child care
19 services to former recipients of assistance under The
20 Illinois Public Aid Code as authorized by Section 9-6.3 of
21 that Code.
22 (g) The Department shall establish rules and regulations
23 concerning its operation of programs designed to meet the
24 goals of child protection, family preservation, family
25 reunification, adoption and youth development, including but
26 not limited to:
27 (1) adoption;
28 (2) foster care;
29 (3) family counseling;
30 (4) protective services;
31 (5) service to unwed mothers;
32 (6) homemaker service;
33 (7) return of runaway children;
34 (8) independent living skills and shelter for
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1 homeless youth;
2 (9) placement under Section 5-7 of the Juvenile
3 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
4 Juvenile Court Act of 1987 in accordance with the federal
5 Adoption Assistance and Child Welfare Act of 1980; and
6 (10) interstate services.
7 Rules and regulations established by the Department shall
8 include provisions for training Department staff and the
9 staff of Department grantees, through contracts with other
10 agencies or resources, in alcohol and drug abuse screening
11 techniques to identify children and adults who should be
12 referred to an alcohol and drug abuse treatment program for
13 professional evaluation.
14 (h) If the Department finds that there is no appropriate
15 program or facility within or available to the Department for
16 a ward and that no licensed private facility has an adequate
17 and appropriate program or none agrees to accept the ward,
18 the Department shall create an appropriate individualized,
19 program-oriented plan for such ward. The plan may be
20 developed within the Department or through purchase of
21 services by the Department to the extent that it is within
22 its statutory authority to do.
23 (i) Service programs shall be available throughout the
24 State and shall include but not be limited to the following
25 services:
26 (1) case management;
27 (2) homemakers;
28 (3) counseling;
29 (4) parent education;
30 (5) day care; and
31 (6) emergency assistance and advocacy.
32 In addition, the following services may be made available
33 to assess and meet the needs of children and families:
34 (1) comprehensive family-based services;
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1 (2) assessments;
2 (3) respite care; and
3 (4) in-home health services.
4 The Department shall provide transportation for any of
5 the services it makes available to children or families or
6 for which it refers children or families.
7 (j) The Department may provide financial assistance, and
8 shall establish rules and regulations concerning such
9 assistance, to persons who adopt physically or mentally
10 handicapped, older and other hard-to-place children who
11 immediately prior to their adoption were legal wards of the
12 Department. The Department may also provide financial
13 assistance, and shall establish rules and regulations for
14 such assistance, to persons appointed guardian of the person
15 under Section 5-7 of the Juvenile Court Act or Section 2-27,
16 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
17 children who were wards of the Department for 12 months
18 immediately prior to the appointment of the successor
19 guardian and for whom the Department has set a goal of
20 permanent family placement with a foster family.
21 The amount of assistance may vary, depending upon the
22 needs of the child and the adoptive parents, but must be at
23 least $25 less than the monthly cost of care of the child in
24 a foster home, as set forth in the annual assistance
25 agreement. Special purpose grants are allowed where the
26 child requires special service but such costs may not exceed
27 the amounts which similar services would cost the Department
28 if it were to provide or secure them as guardian of the
29 child.
30 Any financial assistance provided under this subsection
31 is inalienable by assignment, sale, execution, attachment,
32 garnishment, or any other remedy for recovery or collection
33 of a judgment or debt.
34 (k) The Department shall accept for care and training
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1 any child who has been adjudicated neglected or abused, or
2 dependent committed to it pursuant to the Juvenile Court Act
3 or the Juvenile Court Act of 1987.
4 (l) Before July 1, 2000, the Department may provide, and
5 beginning July 1, 2000, the Department shall provide, family
6 preservation services, as determined to be appropriate and in
7 the child's best interests and when the child will not be in
8 imminent risk of harm, to any family whose child has been
9 placed in substitute care, any persons who have adopted a
10 child and require post-adoption services, or any persons
11 whose child or children are at risk of being placed outside
12 their home as documented by an "indicated" report of
13 suspected child abuse or neglect determined pursuant to the
14 Abused and Neglected Child Reporting Act. Nothing in this
15 paragraph shall be construed to create a private right of
16 action or claim on the part of any individual or child
17 welfare agency.
18 The Department shall notify the child and his family of
19 the Department's responsibility to offer and provide family
20 preservation services as identified in the service plan. The
21 child and his family shall be eligible for services as soon
22 as the report is determined to be "indicated". The
23 Department may offer services to any child or family with
24 respect to whom a report of suspected child abuse or neglect
25 has been filed, prior to concluding its investigation under
26 Section 7.12 of the Abused and Neglected Child Reporting Act.
27 However, the child's or family's willingness to accept
28 services shall not be considered in the investigation. The
29 Department may also provide services to any child or family
30 who is the subject of any report of suspected child abuse or
31 neglect or may refer such child or family to services
32 available from other agencies in the community, even if the
33 report is determined to be unfounded, if the conditions in
34 the child's or family's home are reasonably likely to subject
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1 the child or family to future reports of suspected child
2 abuse or neglect. Acceptance of such services shall be
3 voluntary.
4 The Department may, at its discretion except for those
5 children also adjudicated neglected or dependent, accept for
6 care and training any child who has been adjudicated
7 addicted, as a truant minor in need of supervision or as a
8 minor requiring authoritative intervention, under the
9 Juvenile Court Act or the Juvenile Court Act of 1987, but no
10 such child shall be committed to the Department by any court
11 without the approval of the Department. A minor charged with
12 a criminal offense under the Criminal Code of 1961 or
13 adjudicated delinquent shall not be placed in the custody of
14 or committed to the Department by any court, except a minor
15 less than 13 years of age committed to the Department under
16 Section 5-23 of the Juvenile Court Act of 1987.
17 (m) The Department may assume temporary custody of any
18 child if:
19 (1) it has received a written consent to such
20 temporary custody signed by the parents of the child or
21 by the parent having custody of the child if the parents
22 are not living together or by the guardian or custodian
23 of the child if the child is not in the custody of either
24 parent, or
25 (2) the child is found in the State and neither a
26 parent, guardian nor custodian of the child can be
27 located.
28 If the child is found in his or her residence without a
29 parent, guardian, custodian or responsible caretaker, the
30 Department may, instead of removing the child and assuming
31 temporary custody, place an authorized representative of the
32 Department in that residence until such time as a parent,
33 guardian or custodian enters the home and expresses a
34 willingness and apparent ability to resume permanent charge
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1 of the child, or until a relative enters the home and is
2 willing and able to assume charge of the child until a
3 parent, guardian or custodian enters the home and expresses
4 such willingness and ability to resume permanent charge.
5 After a caretaker has remained in the home for a period not
6 to exceed 12 hours, the Department must follow those
7 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
8 Juvenile Court Act of 1987.
9 The Department shall have the authority, responsibilities
10 and duties that a legal custodian of the child would have
11 pursuant to subsection (9) of Section 1-3 of the Juvenile
12 Court Act of 1987. Whenever a child is taken into temporary
13 custody pursuant to an investigation under the Abused and
14 Neglected Child Reporting Act, or pursuant to a referral and
15 acceptance under the Juvenile Court Act of 1987 of a minor in
16 limited custody, the Department, during the period of
17 temporary custody and before the child is brought before a
18 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
19 of the Juvenile Court Act of 1987, shall have the authority,
20 responsibilities and duties that a legal custodian of the
21 child would have under subsection (9) of Section 1-3 of the
22 Juvenile Court Act of 1987.
23 The Department shall ensure that any child taken into
24 custody is scheduled for an appointment for a medical
25 examination.
26 A parent, guardian or custodian of a child in the
27 temporary custody of the Department who would have custody of
28 the child if he were not in the temporary custody of the
29 Department may deliver to the Department a signed request
30 that the Department surrender the temporary custody of the
31 child. The Department may retain temporary custody of the
32 child for 10 days after the receipt of the request, during
33 which period the Department may cause to be filed a petition
34 pursuant to the Juvenile Court Act of 1987. If a petition is
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1 so filed, the Department shall retain temporary custody of
2 the child until the court orders otherwise. If a petition is
3 not filed within the 10 day period, the child shall be
4 surrendered to the custody of the requesting parent, guardian
5 or custodian not later than the expiration of the 10 day
6 period, at which time the authority and duties of the
7 Department with respect to the temporary custody of the child
8 shall terminate.
9 (n) The Department may place children under 18 years of
10 age in licensed child care facilities when in the opinion of
11 the Department, appropriate services aimed at family
12 preservation have been unsuccessful or unavailable and such
13 placement would be for their best interest. Payment for
14 board, clothing, care, training and supervision of any child
15 placed in a licensed child care facility may be made by the
16 Department, by the parents or guardians of the estates of
17 those children, or by both the Department and the parents or
18 guardians, except that no payments shall be made by the
19 Department for any child placed in a licensed child care
20 facility for board, clothing, care, training and supervision
21 of such a child that exceed the average per capita cost of
22 maintaining and of caring for a child in institutions for
23 dependent or neglected children operated by the Department.
24 However, such restriction on payments does not apply in cases
25 where children require specialized care and treatment for
26 problems of severe emotional disturbance, physical
27 disability, social adjustment, or any combination thereof and
28 suitable facilities for the placement of such children are
29 not available at payment rates within the limitations set
30 forth in this Section. All reimbursements for services
31 delivered shall be absolutely inalienable by assignment,
32 sale, attachment, garnishment or otherwise.
33 (o) The Department shall establish an administrative
34 review and appeal process for children and families who
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1 request or receive child welfare services from the
2 Department. Children who are wards of the Department and are
3 placed by private child welfare agencies, and foster families
4 with whom those children are placed, shall be afforded the
5 same procedural and appeal rights as children and families in
6 the case of placement by the Department, including the right
7 to an initial review of a private agency decision by that
8 agency. The Department shall insure that any private child
9 welfare agency, which accepts wards of the Department for
10 placement, affords those rights to children and foster
11 families. The Department shall accept for administrative
12 review and an appeal hearing a complaint made by a child or
13 foster family concerning a decision following an initial
14 review by a private child welfare agency. An appeal of a
15 decision concerning a change in the placement of a child
16 shall be conducted in an expedited manner.
17 (p) There is hereby created the Department of Children
18 and Family Services Emergency Assistance Fund from which the
19 Department may provide special financial assistance to
20 families which are in economic crisis when such assistance is
21 not available through other public or private sources and the
22 assistance is deemed necessary to prevent dissolution of the
23 family unit or to reunite families which have been separated
24 due to child abuse and neglect. The Department shall
25 establish administrative rules specifying the criteria for
26 determining eligibility for and the amount and nature of
27 assistance to be provided. The Department may also enter
28 into written agreements with private and public social
29 service agencies to provide emergency financial services to
30 families referred by the Department. Special financial
31 assistance payments shall be available to a family no more
32 than once during each fiscal year and the total payments to a
33 family may not exceed $500 during a fiscal year.
34 (q) The Department may receive and use, in their
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1 entirety, for the benefit of children any gift, donation or
2 bequest of money or other property which is received on
3 behalf of such children, or any financial benefits to which
4 such children are or may become entitled while under the
5 jurisdiction or care of the Department.
6 The Department shall set up and administer no-cost,
7 interest-bearing savings accounts in appropriate financial
8 institutions ("individual accounts") for children for whom
9 the Department is legally responsible and who have been
10 determined eligible for Veterans' Benefits, Social Security
11 benefits, assistance allotments from the armed forces, court
12 ordered payments, parental voluntary payments, Supplemental
13 Security Income, Railroad Retirement payments, Black Lung
14 benefits, or other miscellaneous payments. Interest earned
15 by each individual account shall be credited to the account,
16 unless disbursed in accordance with this subsection.
17 In disbursing funds from children's individual accounts,
18 the Department shall:
19 (1) Establish standards in accordance with State
20 and federal laws for disbursing money from children's
21 individual accounts. In all circumstances, the
22 Department's "Guardianship Administrator" or his or her
23 designee must approve disbursements from children's
24 individual accounts. The Department shall be responsible
25 for keeping complete records of all disbursements for
26 each individual account for any purpose.
27 (2) Calculate on a monthly basis the amounts paid
28 from State funds for the child's board and care, medical
29 care not covered under Medicaid, and social services; and
30 utilize funds from the child's individual account, as
31 covered by regulation, to reimburse those costs.
32 Monthly, disbursements from all children's individual
33 accounts, up to 1/12 of $13,000,000, shall be deposited
34 by the Department into the General Revenue Fund and the
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1 balance over 1/12 of $13,000,000 into the DCFS Children's
2 Services Fund.
3 (3) Maintain any balance remaining after
4 reimbursing for the child's costs of care, as specified
5 in item (2). The balance shall accumulate in accordance
6 with relevant State and federal laws and shall be
7 disbursed to the child or his or her guardian, or to the
8 issuing agency.
9 (r) The Department shall promulgate regulations
10 requiring encouraging all adoption agencies to voluntarily
11 forward to the Department or its agent names and addresses of
12 all persons who have applied for and have been approved for
13 adoption of a hard-to-place or handicapped child and the
14 names of such children who have not been placed for adoption
15 in accordance with Sections 7.5 and 7.10. A list of such
16 names and addresses shall be maintained by the Department or
17 its agent as part of the Child Foster Care and Adoption
18 Network, and coded lists which maintain the confidentiality
19 of the person seeking to adopt the child and of the child
20 shall be made available, without charge, to every adoption
21 agency in the State to assist the agencies in placing such
22 children for adoption. The Department may delegate to an
23 agent its duty to maintain and make available such lists.
24 The Department shall ensure that such agent maintains the
25 confidentiality of the person seeking to adopt the child and
26 of the child.
27 (s) The Department of Children and Family Services may
28 establish and implement a program to reimburse Department and
29 private child welfare agency foster parents licensed by the
30 Department of Children and Family Services for damages
31 sustained by the foster parents as a result of the malicious
32 or negligent acts of foster children, as well as providing
33 third party coverage for such foster parents with regard to
34 actions of foster children to other individuals. Such
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1 coverage will be secondary to the foster parent liability
2 insurance policy, if applicable. The program shall be funded
3 through appropriations from the General Revenue Fund,
4 specifically designated for such purposes.
5 (t) The Department shall perform home studies and
6 investigations and shall exercise supervision over visitation
7 as ordered by a court pursuant to the Illinois Marriage and
8 Dissolution of Marriage Act or the Adoption Act only if:
9 (1) an order entered by an Illinois court
10 specifically directs the Department to perform such
11 services; and
12 (2) the court has ordered one or both of the
13 parties to the proceeding to reimburse the Department for
14 its reasonable costs for providing such services in
15 accordance with Department rules, or has determined that
16 neither party is financially able to pay.
17 The Department shall provide written notification to the
18 court of the specific arrangements for supervised visitation
19 and projected monthly costs within 60 days of the court
20 order. The Department shall send to the court information
21 related to the costs incurred except in cases where the court
22 has determined the parties are financially unable to pay. The
23 court may order additional periodic reports as appropriate.
24 (u) Whenever the Department places a child in a licensed
25 foster home, group home, child care institution, or in a
26 relative home, the Department shall provide to the caretaker:
27 (1) available detailed information concerning the
28 child's educational and health history, copies of
29 immunization records (including insurance and medical
30 card information), a history of the child's previous
31 placements, if any, and reasons for placement changes
32 excluding any information that identifies or reveals the
33 location of any previous caretaker;
34 (2) a copy of the child's portion of the client
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1 service plan, including any visitation arrangement, and
2 all amendments or revisions to it as related to the
3 child; and
4 (3) information containing details of the child's
5 individualized educational plan when the child is
6 receiving special education services.
7 The caretaker shall be informed of any known social or
8 behavioral information (including, but not limited to, fire
9 setting, perpetuation of sexual abuse, destructive behavior,
10 and substance abuse) necessary to care for and safeguard the
11 child.
12 (u-5) Effective July 1, 1995, only foster care
13 placements licensed as foster family homes pursuant to the
14 Child Care Act of 1969 shall be eligible to receive foster
15 care payments from the Department. Relative caregivers who,
16 as of July 1, 1995, were approved pursuant to approved
17 relative placement rules previously promulgated by the
18 Department at 89 Ill. Adm. Code 335 and had submitted an
19 application for licensure as a foster family home may
20 continue to receive foster care payments only until the
21 Department determines that they may be licensed as a foster
22 family home or that their application for licensure is denied
23 or until September 30, 1995, whichever occurs first.
24 (v) The Department shall access criminal history record
25 information as defined in the Illinois Uniform Conviction
26 Information Act and information maintained in the
27 adjudicatory and dispositional record system as defined in
28 subdivision (A)19 of Section 55a of the Civil Administrative
29 Code of Illinois if the Department determines the information
30 is necessary to perform its duties under the Abused and
31 Neglected Child Reporting Act, the Child Care Act of 1969,
32 and the Children and Family Services Act. The Department
33 shall provide for interactive computerized communication and
34 processing equipment that permits direct on-line
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1 communication with the Department of State Police's central
2 criminal history data repository. The Department shall
3 comply with all certification requirements and provide
4 certified operators who have been trained by personnel from
5 the Department of State Police. In addition, one Office of
6 the Inspector General investigator shall have training in the
7 use of the criminal history information access system and
8 have access to the terminal. The Department of Children and
9 Family Services and its employees shall abide by rules and
10 regulations established by the Department of State Police
11 relating to the access and dissemination of this information.
12 (w) Within 120 days of August 20, 1995 (the effective
13 date of Public Act 89-392), the Department shall prepare and
14 submit to the Governor and the General Assembly, a written
15 plan for the development of in-state licensed secure child
16 care facilities that care for children who are in need of
17 secure living arrangements for their health, safety, and
18 well-being. For purposes of this subsection, secure care
19 facility shall mean a facility that is designed and operated
20 to ensure that all entrances and exits from the facility, a
21 building or a distinct part of the building, are under the
22 exclusive control of the staff of the facility, whether or
23 not the child has the freedom of movement within the
24 perimeter of the facility, building, or distinct part of the
25 building. The plan shall include descriptions of the types
26 of facilities that are needed in Illinois; the cost of
27 developing these secure care facilities; the estimated number
28 of placements; the potential cost savings resulting from the
29 movement of children currently out-of-state who are projected
30 to be returned to Illinois; the necessary geographic
31 distribution of these facilities in Illinois; and a proposed
32 timetable for development of such facilities.
33 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
34 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
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1 8-20-95; 89-626, eff. 8-9-96.)
2 (Text of Section after amendment by P.A. 89-507)
3 Sec. 5. Direct child welfare services; Department of
4 Children and Family Services. To provide direct child welfare
5 services when not available through other public or private
6 child care or program facilities.
7 (a) For purposes of this Section:
8 (1) "Children" means persons found within the State
9 who are under the age of 18 years. The term also
10 includes persons under age 19 who:
11 (A) were committed to the Department pursuant
12 to the Juvenile Court Act or the Juvenile Court Act
13 of 1987, as amended, prior to the age of 18 and who
14 continue under the jurisdiction of the court; or
15 (B) were accepted for care, service and
16 training by the Department prior to the age of 18
17 and whose best interest in the discretion of the
18 Department would be served by continuing that care,
19 service and training because of severe emotional
20 disturbances, physical disability, social adjustment
21 or any combination thereof, or because of the need
22 to complete an educational or vocational training
23 program.
24 (2) "Homeless youth" means persons found within the
25 State who are under the age of 19, are not in a safe and
26 stable living situation and cannot be reunited with their
27 families.
28 (3) "Child welfare services" means public social
29 services which are directed toward the accomplishment of
30 the following purposes:
31 (A) protecting and promoting the welfare of
32 children, including homeless, dependent or neglected
33 children;
34 (B) remedying, or assisting in the solution of
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1 problems which may result in, the neglect, abuse,
2 exploitation or delinquency of children;
3 (C) preventing the unnecessary separation of
4 children from their families by identifying family
5 problems, assisting families in resolving their
6 problems, and preventing the breakup of the family
7 where the prevention of child removal is desirable
8 and possible;
9 (D) restoring to their families children who
10 have been removed, by the provision of services to
11 the child and the families;
12 (E) placing children in suitable adoptive
13 homes, in cases where restoration to the biological
14 family is not possible or appropriate;
15 (F) assuring adequate care of children away
16 from their homes, in cases where the child cannot be
17 returned home or cannot be placed for adoption;
18 (G) (blank);
19 (H) (blank); and
20 (I) placing and maintaining children in
21 facilities that provide separate living quarters for
22 children under the age of 18 and for children 18
23 years of age and older, unless a child 18 years of
24 age is in the last year of high school education or
25 vocational training, in an approved individual or
26 group treatment program, or in a licensed shelter
27 facility. The Department is not required to place
28 or maintain children:
29 (i) who are in a foster home, or
30 (ii) who are persons with a developmental
31 disability, as defined in the Mental Health and
32 Developmental Disabilities Code, or
33 (iii) who are female children who are
34 pregnant, pregnant and parenting or parenting,
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1 or
2 (iv) who are siblings,
3 in facilities that provide separate living quarters
4 for children 18 years of age and older and for
5 children under 18 years of age.
6 (b) Nothing in this Section shall be construed to
7 authorize the expenditure of public funds for the purpose of
8 performing abortions.
9 (c) The Department shall establish and maintain
10 tax-supported child welfare services and extend and seek to
11 improve voluntary services throughout the State, to the end
12 that services and care shall be available on an equal basis
13 throughout the State to children requiring such services.
14 (d) The Director may authorize advance disbursements for
15 any new program initiative to any agency contracting with the
16 Department. As a prerequisite for an advance disbursement,
17 the contractor must post a surety bond in the amount of the
18 advance disbursement and have a purchase of service contract
19 approved by the Department. The Department may pay up to 2
20 months operational expenses in advance. The amount of the
21 advance disbursement shall be prorated over the life of the
22 contract or the remaining months of the fiscal year,
23 whichever is less, and the installment amount shall then be
24 deducted from future bills. Advance disbursement
25 authorizations for new initiatives shall not be made to any
26 agency after that agency has operated during 2 consecutive
27 fiscal years. The requirements of this Section concerning
28 advance disbursements shall not apply with respect to the
29 following: payments to local public agencies for child day
30 care services as authorized by Section 5a of this Act; and
31 youth service programs receiving grant funds under Section
32 17a-4.
33 (e) (Blank).
34 (f) (Blank).
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1 (g) The Department shall establish rules and regulations
2 concerning its operation of programs designed to meet the
3 goals of child protection, family preservation, family
4 reunification, and adoption, including but not limited to:
5 (1) adoption;
6 (2) foster care;
7 (3) family counseling;
8 (4) protective services;
9 (5) (blank);
10 (6) homemaker service;
11 (7) return of runaway children;
12 (8) (blank);
13 (9) placement under Section 5-7 of the Juvenile
14 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
15 Juvenile Court Act of 1987 in accordance with the federal
16 Adoption Assistance and Child Welfare Act of 1980; and
17 (10) interstate services.
18 Rules and regulations established by the Department shall
19 include provisions for training Department staff and the
20 staff of Department grantees, through contracts with other
21 agencies or resources, in alcohol and drug abuse screening
22 techniques to identify children and adults who should be
23 referred to an alcohol and drug abuse treatment program for
24 professional evaluation.
25 (h) If the Department finds that there is no appropriate
26 program or facility within or available to the Department for
27 a ward and that no licensed private facility has an adequate
28 and appropriate program or none agrees to accept the ward,
29 the Department shall create an appropriate individualized,
30 program-oriented plan for such ward. The plan may be
31 developed within the Department or through purchase of
32 services by the Department to the extent that it is within
33 its statutory authority to do.
34 (i) Service programs shall be available throughout the
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1 State and shall include but not be limited to the following
2 services:
3 (1) case management;
4 (2) homemakers;
5 (3) counseling;
6 (4) parent education;
7 (5) day care; and
8 (6) emergency assistance and advocacy.
9 In addition, the following services may be made available
10 to assess and meet the needs of children and families:
11 (1) comprehensive family-based services;
12 (2) assessments;
13 (3) respite care; and
14 (4) in-home health services.
15 The Department shall provide transportation for any of
16 the services it makes available to children or families or
17 for which it refers children or families.
18 (j) The Department may provide financial assistance, and
19 shall establish rules and regulations concerning such
20 assistance, to persons who adopt physically or mentally
21 handicapped, older and other hard-to-place children who
22 immediately prior to their adoption were legal wards of the
23 Department. The Department may also provide financial
24 assistance, and shall establish rules and regulations for
25 such assistance, to persons appointed guardian of the person
26 under Section 5-7 of the Juvenile Court Act or Section 2-27,
27 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
28 children who were wards of the Department for 12 months
29 immediately prior to the appointment of the successor
30 guardian and for whom the Department has set a goal of
31 permanent family placement with a foster family.
32 The amount of assistance may vary, depending upon the
33 needs of the child and the adoptive parents, but must be at
34 least $25 less than the monthly cost of care of the child in
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1 a foster home, as set forth in the annual assistance
2 agreement. Special purpose grants are allowed where the
3 child requires special service but such costs may not exceed
4 the amounts which similar services would cost the Department
5 if it were to provide or secure them as guardian of the
6 child.
7 Any financial assistance provided under this subsection
8 is inalienable by assignment, sale, execution, attachment,
9 garnishment, or any other remedy for recovery or collection
10 of a judgment or debt.
11 (k) The Department shall accept for care and training
12 any child who has been adjudicated neglected or abused, or
13 dependent committed to it pursuant to the Juvenile Court Act
14 or the Juvenile Court Act of 1987.
15 (l) Before July 1, 2000, the Department may provide, and
16 beginning July 1, 2000, the Department shall provide, family
17 preservation services, as determined to be appropriate and in
18 the child's best interests and when the child will not be in
19 imminent risk of harm, to any family whose child has been
20 placed in substitute care, any persons who have adopted a
21 child and require post-adoption services, or any persons
22 whose child or children are at risk of being placed outside
23 their home as documented by an "indicated" report of
24 suspected child abuse or neglect determined pursuant to the
25 Abused and Neglected Child Reporting Act. Nothing in this
26 paragraph shall be construed to create a private right of
27 action or claim on the part of any individual or child
28 welfare agency.
29 The Department shall notify the child and his family of
30 the Department's responsibility to offer and provide family
31 preservation services as identified in the service plan. The
32 child and his family shall be eligible for services as soon
33 as the report is determined to be "indicated". The
34 Department may offer services to any child or family with
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1 respect to whom a report of suspected child abuse or neglect
2 has been filed, prior to concluding its investigation under
3 Section 7.12 of the Abused and Neglected Child Reporting Act.
4 However, the child's or family's willingness to accept
5 services shall not be considered in the investigation. The
6 Department may also provide services to any child or family
7 who is the subject of any report of suspected child abuse or
8 neglect or may refer such child or family to services
9 available from other agencies in the community, even if the
10 report is determined to be unfounded, if the conditions in
11 the child's or family's home are reasonably likely to subject
12 the child or family to future reports of suspected child
13 abuse or neglect. Acceptance of such services shall be
14 voluntary.
15 The Department may, at its discretion except for those
16 children also adjudicated neglected or dependent, accept for
17 care and training any child who has been adjudicated
18 addicted, as a truant minor in need of supervision or as a
19 minor requiring authoritative intervention, under the
20 Juvenile Court Act or the Juvenile Court Act of 1987, but no
21 such child shall be committed to the Department by any court
22 without the approval of the Department. A minor charged with
23 a criminal offense under the Criminal Code of 1961 or
24 adjudicated delinquent shall not be placed in the custody of
25 or committed to the Department by any court, except a minor
26 less than 13 years of age committed to the Department under
27 Section 5-23 of the Juvenile Court Act of 1987.
28 (m) The Department may assume temporary custody of any
29 child if:
30 (1) it has received a written consent to such
31 temporary custody signed by the parents of the child or
32 by the parent having custody of the child if the parents
33 are not living together or by the guardian or custodian
34 of the child if the child is not in the custody of either
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1 parent, or
2 (2) the child is found in the State and neither a
3 parent, guardian nor custodian of the child can be
4 located.
5 If the child is found in his or her residence without a
6 parent, guardian, custodian or responsible caretaker, the
7 Department may, instead of removing the child and assuming
8 temporary custody, place an authorized representative of the
9 Department in that residence until such time as a parent,
10 guardian or custodian enters the home and expresses a
11 willingness and apparent ability to resume permanent charge
12 of the child, or until a relative enters the home and is
13 willing and able to assume charge of the child until a
14 parent, guardian or custodian enters the home and expresses
15 such willingness and ability to resume permanent charge.
16 After a caretaker has remained in the home for a period not
17 to exceed 12 hours, the Department must follow those
18 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
19 Juvenile Court Act of 1987.
20 The Department shall have the authority, responsibilities
21 and duties that a legal custodian of the child would have
22 pursuant to subsection (9) of Section 1-3 of the Juvenile
23 Court Act of 1987. Whenever a child is taken into temporary
24 custody pursuant to an investigation under the Abused and
25 Neglected Child Reporting Act, or pursuant to a referral and
26 acceptance under the Juvenile Court Act of 1987 of a minor in
27 limited custody, the Department, during the period of
28 temporary custody and before the child is brought before a
29 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
30 of the Juvenile Court Act of 1987, shall have the authority,
31 responsibilities and duties that a legal custodian of the
32 child would have under subsection (9) of Section 1-3 of the
33 Juvenile Court Act of 1987.
34 The Department shall ensure that any child taken into
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1 custody is scheduled for an appointment for a medical
2 examination.
3 A parent, guardian or custodian of a child in the
4 temporary custody of the Department who would have custody of
5 the child if he were not in the temporary custody of the
6 Department may deliver to the Department a signed request
7 that the Department surrender the temporary custody of the
8 child. The Department may retain temporary custody of the
9 child for 10 days after the receipt of the request, during
10 which period the Department may cause to be filed a petition
11 pursuant to the Juvenile Court Act of 1987. If a petition is
12 so filed, the Department shall retain temporary custody of
13 the child until the court orders otherwise. If a petition is
14 not filed within the 10 day period, the child shall be
15 surrendered to the custody of the requesting parent, guardian
16 or custodian not later than the expiration of the 10 day
17 period, at which time the authority and duties of the
18 Department with respect to the temporary custody of the child
19 shall terminate.
20 (n) The Department may place children under 18 years of
21 age in licensed child care facilities when in the opinion of
22 the Department, appropriate services aimed at family
23 preservation have been unsuccessful or unavailable and such
24 placement would be for their best interest. Payment for
25 board, clothing, care, training and supervision of any child
26 placed in a licensed child care facility may be made by the
27 Department, by the parents or guardians of the estates of
28 those children, or by both the Department and the parents or
29 guardians, except that no payments shall be made by the
30 Department for any child placed in a licensed child care
31 facility for board, clothing, care, training and supervision
32 of such a child that exceed the average per capita cost of
33 maintaining and of caring for a child in institutions for
34 dependent or neglected children operated by the Department.
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1 However, such restriction on payments does not apply in cases
2 where children require specialized care and treatment for
3 problems of severe emotional disturbance, physical
4 disability, social adjustment, or any combination thereof and
5 suitable facilities for the placement of such children are
6 not available at payment rates within the limitations set
7 forth in this Section. All reimbursements for services
8 delivered shall be absolutely inalienable by assignment,
9 sale, attachment, garnishment or otherwise.
10 (o) The Department shall establish an administrative
11 review and appeal process for children and families who
12 request or receive child welfare services from the
13 Department. Children who are wards of the Department and are
14 placed by private child welfare agencies, and foster families
15 with whom those children are placed, shall be afforded the
16 same procedural and appeal rights as children and families in
17 the case of placement by the Department, including the right
18 to an initial review of a private agency decision by that
19 agency. The Department shall insure that any private child
20 welfare agency, which accepts wards of the Department for
21 placement, affords those rights to children and foster
22 families. The Department shall accept for administrative
23 review and an appeal hearing a complaint made by a child or
24 foster family concerning a decision following an initial
25 review by a private child welfare agency. An appeal of a
26 decision concerning a change in the placement of a child
27 shall be conducted in an expedited manner.
28 (p) There is hereby created the Department of Children
29 and Family Services Emergency Assistance Fund from which the
30 Department may provide special financial assistance to
31 families which are in economic crisis when such assistance is
32 not available through other public or private sources and the
33 assistance is deemed necessary to prevent dissolution of the
34 family unit or to reunite families which have been separated
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1 due to child abuse and neglect. The Department shall
2 establish administrative rules specifying the criteria for
3 determining eligibility for and the amount and nature of
4 assistance to be provided. The Department may also enter
5 into written agreements with private and public social
6 service agencies to provide emergency financial services to
7 families referred by the Department. Special financial
8 assistance payments shall be available to a family no more
9 than once during each fiscal year and the total payments to a
10 family may not exceed $500 during a fiscal year.
11 (q) The Department may receive and use, in their
12 entirety, for the benefit of children any gift, donation or
13 bequest of money or other property which is received on
14 behalf of such children, or any financial benefits to which
15 such children are or may become entitled while under the
16 jurisdiction or care of the Department.
17 The Department shall set up and administer no-cost,
18 interest-bearing savings accounts in appropriate financial
19 institutions ("individual accounts") for children for whom
20 the Department is legally responsible and who have been
21 determined eligible for Veterans' Benefits, Social Security
22 benefits, assistance allotments from the armed forces, court
23 ordered payments, parental voluntary payments, Supplemental
24 Security Income, Railroad Retirement payments, Black Lung
25 benefits, or other miscellaneous payments. Interest earned
26 by each individual account shall be credited to the account,
27 unless disbursed in accordance with this subsection.
28 In disbursing funds from children's individual accounts,
29 the Department shall:
30 (1) Establish standards in accordance with State
31 and federal laws for disbursing money from children's
32 individual accounts. In all circumstances, the
33 Department's "Guardianship Administrator" or his or her
34 designee must approve disbursements from children's
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1 individual accounts. The Department shall be responsible
2 for keeping complete records of all disbursements for
3 each individual account for any purpose.
4 (2) Calculate on a monthly basis the amounts paid
5 from State funds for the child's board and care, medical
6 care not covered under Medicaid, and social services; and
7 utilize funds from the child's individual account, as
8 covered by regulation, to reimburse those costs.
9 Monthly, disbursements from all children's individual
10 accounts, up to 1/12 of $13,000,000, shall be deposited
11 by the Department into the General Revenue Fund and the
12 balance over 1/12 of $13,000,000 into the DCFS Children's
13 Services Fund.
14 (3) Maintain any balance remaining after
15 reimbursing for the child's costs of care, as specified
16 in item (2). The balance shall accumulate in accordance
17 with relevant State and federal laws and shall be
18 disbursed to the child or his or her guardian, or to the
19 issuing agency.
20 (r) The Department shall promulgate regulations
21 requiring encouraging all adoption agencies to voluntarily
22 forward to the Department or its agent names and addresses of
23 all persons who have applied for and have been approved for
24 adoption of a hard-to-place or handicapped child and the
25 names of such children who have not been placed for adoption
26 in accordance with Sections 7.5 and 7.10. A list of such
27 names and addresses shall be maintained by the Department or
28 its agent as part of the Child Foster Care and Adoption
29 Network, and coded lists which maintain the confidentiality
30 of the person seeking to adopt the child and of the child
31 shall be made available, without charge, to every adoption
32 agency in the State to assist the agencies in placing such
33 children for adoption. The Department may delegate to an
34 agent its duty to maintain and make available such lists.
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1 The Department shall ensure that such agent maintains the
2 confidentiality of the person seeking to adopt the child and
3 of the child.
4 (s) The Department of Children and Family Services may
5 establish and implement a program to reimburse Department and
6 private child welfare agency foster parents licensed by the
7 Department of Children and Family Services for damages
8 sustained by the foster parents as a result of the malicious
9 or negligent acts of foster children, as well as providing
10 third party coverage for such foster parents with regard to
11 actions of foster children to other individuals. Such
12 coverage will be secondary to the foster parent liability
13 insurance policy, if applicable. The program shall be funded
14 through appropriations from the General Revenue Fund,
15 specifically designated for such purposes.
16 (t) The Department shall perform home studies and
17 investigations and shall exercise supervision over visitation
18 as ordered by a court pursuant to the Illinois Marriage and
19 Dissolution of Marriage Act or the Adoption Act only if:
20 (1) an order entered by an Illinois court
21 specifically directs the Department to perform such
22 services; and
23 (2) the court has ordered one or both of the
24 parties to the proceeding to reimburse the Department for
25 its reasonable costs for providing such services in
26 accordance with Department rules, or has determined that
27 neither party is financially able to pay.
28 The Department shall provide written notification to the
29 court of the specific arrangements for supervised visitation
30 and projected monthly costs within 60 days of the court
31 order. The Department shall send to the court information
32 related to the costs incurred except in cases where the court
33 has determined the parties are financially unable to pay. The
34 court may order additional periodic reports as appropriate.
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1 (u) Whenever the Department places a child in a licensed
2 foster home, group home, child care institution, or in a
3 relative home, the Department shall provide to the caretaker:
4 (1) available detailed information concerning the
5 child's educational and health history, copies of
6 immunization records (including insurance and medical
7 card information), a history of the child's previous
8 placements, if any, and reasons for placement changes
9 excluding any information that identifies or reveals the
10 location of any previous caretaker;
11 (2) a copy of the child's portion of the client
12 service plan, including any visitation arrangement, and
13 all amendments or revisions to it as related to the
14 child; and
15 (3) information containing details of the child's
16 individualized educational plan when the child is
17 receiving special education services.
18 The caretaker shall be informed of any known social or
19 behavioral information (including, but not limited to, fire
20 setting, perpetuation of sexual abuse, destructive behavior,
21 and substance abuse) necessary to care for and safeguard the
22 child.
23 (u-5) Effective July 1, 1995, only foster care
24 placements licensed as foster family homes pursuant to the
25 Child Care Act of 1969 shall be eligible to receive foster
26 care payments from the Department. Relative caregivers who,
27 as of July 1, 1995, were approved pursuant to approved
28 relative placement rules previously promulgated by the
29 Department at 89 Ill. Adm. Code 335 and had submitted an
30 application for licensure as a foster family home may
31 continue to receive foster care payments only until the
32 Department determines that they may be licensed as a foster
33 family home or that their application for licensure is denied
34 or until September 30, 1995, whichever occurs first.
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1 (v) The Department shall access criminal history record
2 information as defined in the Illinois Uniform Conviction
3 Information Act and information maintained in the
4 adjudicatory and dispositional record system as defined in
5 subdivision (A)19 of Section 55a of the Civil Administrative
6 Code of Illinois if the Department determines the information
7 is necessary to perform its duties under the Abused and
8 Neglected Child Reporting Act, the Child Care Act of 1969,
9 and the Children and Family Services Act. The Department
10 shall provide for interactive computerized communication and
11 processing equipment that permits direct on-line
12 communication with the Department of State Police's central
13 criminal history data repository. The Department shall
14 comply with all certification requirements and provide
15 certified operators who have been trained by personnel from
16 the Department of State Police. In addition, one Office of
17 the Inspector General investigator shall have training in the
18 use of the criminal history information access system and
19 have access to the terminal. The Department of Children and
20 Family Services and its employees shall abide by rules and
21 regulations established by the Department of State Police
22 relating to the access and dissemination of this information.
23 (w) Within 120 days of August 20, 1995 (the effective
24 date of Public Act 89-392), the Department shall prepare and
25 submit to the Governor and the General Assembly, a written
26 plan for the development of in-state licensed secure child
27 care facilities that care for children who are in need of
28 secure living arrangements for their health, safety, and
29 well-being. For purposes of this subsection, secure care
30 facility shall mean a facility that is designed and operated
31 to ensure that all entrances and exits from the facility, a
32 building or a distinct part of the building, are under the
33 exclusive control of the staff of the facility, whether or
34 not the child has the freedom of movement within the
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1 perimeter of the facility, building, or distinct part of the
2 building. The plan shall include descriptions of the types
3 of facilities that are needed in Illinois; the cost of
4 developing these secure care facilities; the estimated number
5 of placements; the potential cost savings resulting from the
6 movement of children currently out-of-state who are projected
7 to be returned to Illinois; the necessary geographic
8 distribution of these facilities in Illinois; and a proposed
9 timetable for development of such facilities.
10 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
11 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
12 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
13 (20 ILCS 505/7) (from Ch. 23, par. 5007)
14 Sec. 7. Placement of children; considerations.
15 (a) In placing any child under this Act, the Department
16 shall place such child, as far as possible, in the care and
17 custody of some individual holding the same religious belief
18 as the parents of the child, or with some child care facility
19 which is operated by persons of like religious faith as the
20 parents of such child.
21 (b) In placing a child under this Act, the Department
22 shall make every effort to may place a child with a relative
23 who if the Department has reason to believe that the relative
24 will be able to adequately provide for the child's safety and
25 welfare consistent with the Department's licensing standards.
26 The burden shall be on the Department to justify the child's
27 placement elsewhere. The Department may not place a child
28 with a relative, with the exception of certain circumstances
29 which may be waived as defined by the Department in rules, if
30 the results of a check of the Law Enforcement Agency Data
31 System (LEADS) identifies a prior criminal conviction of the
32 relative or any adult member of the relative's household for
33 any of the following offenses under the Criminal Code of
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1 1961:
2 (1) murder;
3 (1.1) solicitation of murder;
4 (1.2) solicitation of murder for hire;
5 (1.3) intentional homicide of an unborn child;
6 (1.4) voluntary manslaughter of an unborn child;
7 (1.5) involuntary manslaughter;
8 (1.6) reckless homicide;
9 (1.7) concealment of a homicidal death;
10 (1.8) involuntary manslaughter of an unborn child;
11 (1.9) reckless homicide of an unborn child;
12 (1.10) drug-induced homicide;
13 (2) a sex offense under Article 11, except offenses
14 described in Sections 11-7, 11-8, 11-12, and 11-13;
15 (3) kidnapping;
16 (3.1) aggravated unlawful restraint;
17 (3.2) forcible detention;
18 (3.3) aiding and abetting child abduction;
19 (4) aggravated kidnapping;
20 (5) child abduction;
21 (6) aggravated battery of a child;
22 (7) criminal sexual assault;
23 (8) aggravated criminal sexual assault;
24 (8.1) predatory criminal sexual assault of a child;
25 (9) criminal sexual abuse;
26 (10) aggravated sexual abuse;
27 (11) heinous battery;
28 (12) aggravated battery with a firearm;
29 (13) tampering with food, drugs, or cosmetics;
30 (14) drug-induced infliction of great bodily harm;
31 (15) aggravated stalking;
32 (16) home invasion;
33 (17) vehicular invasion;
34 (18) criminal transmission of HIV;
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1 (19) criminal neglect of an elderly or disabled
2 person;
3 (20) child abandonment;
4 (21) endangering the life or health of a child;
5 (22) ritual mutilation;
6 (23) ritualized abuse of a child;
7 (24) an offense in any other state the elements of
8 which are similar and bear a substantial relationship to
9 any of the foregoing offenses.
10 For the purpose of this subsection, "relative" shall include
11 any person, 21 years of age or over, other than the parent,
12 who (i) is currently related to the child in any of the
13 following ways by blood or adoption: grandparent, sibling,
14 great-grandparent, uncle, aunt, nephew, niece, first cousin,
15 great-uncle, or great-aunt; or (ii) is the spouse of such a
16 relative; or (iii) is the child's step-father, step-mother,
17 or adult step-brother or step-sister; "relative" also
18 includes a person related in any of the foregoing ways to a
19 sibling of a child, even though the person is not related to
20 the child, when the child and its sibling are placed together
21 with that person. A relative with whom a child is placed
22 pursuant to this subsection may, but is not required to,
23 apply for licensure as a foster family home pursuant to the
24 Child Care Act of 1969; provided, however, that as of July 1,
25 1995, foster care payments shall be made only to licensed
26 foster family homes pursuant to the terms of Section 5 of
27 this Act.
28 (c) In placing a child under this Act, the Department
29 shall ensure that the child's best interests are met by
30 giving due, not sole, consideration to the child's race or
31 ethnic heritage in making a family foster care placement. The
32 Department shall consider the cultural, ethnic, or racial
33 background of the child and the capacity of the prospective
34 foster or adoptive parents to meet the needs of a child of
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1 this background as one of a number of factors used to
2 determine the best interests of the child. The Department
3 shall make special efforts for the diligent recruitment of
4 potential foster and adoptive families that reflect the
5 ethnic and racial diversity of the children for whom foster
6 and adoptive homes are needed. "Special efforts" shall
7 include contacting and working with community organizations
8 and religious organizations and may include contracting with
9 those organizations, utilizing local media and other local
10 resources, and conducting outreach activities.
11 (d) The Department may accept gifts, grants, offers of
12 services, and other contributions to use in making special
13 recruitment efforts.
14 (e) The Department in placing children in adoptive or
15 foster care homes may not, in any policy or practice relating
16 to the placement of children for adoption or foster care,
17 discriminate against any child or prospective adoptive parent
18 on the basis of race.
19 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
20 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
21 (20 ILCS 505/7.5 new)
22 Sec. 7.5. Recruitment and retention of foster placements
23 and adoptive placements.
24 (a) Recruitment. All licensed child welfare agencies
25 that receive State funding for their services shall work with
26 their respective regional office of the Department of
27 Children and Family Services to create an adequate and
28 appropriate pool of foster and adoptive family placements for
29 children in need of substitute care. The goal shall be to
30 achieve timely permanent placement for each minor within 12
31 months from the date of adjudication of wardship of the
32 minor. For purposes of this Section, the terms foster
33 placement or adoptive placement shall refer to foster family
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1 or adoptive family.
2 The Department shall require that each licensed child
3 welfare agency receiving State funding, as a condition of its
4 State contract to provide foster placements, shall make
5 special efforts to recruit and retain a sufficient current
6 pool of appropriate licensed foster placements to meet the
7 cultural and special needs of children served by that agency.
8 For purposes of this Section, appropriate shall mean willing
9 and able to care for a child in need of placement under
10 federal and State laws governing foster care licensing or
11 approval. To generate its current pool of licensed foster
12 placement, each licensed child welfare agency shall be
13 expected to include recruits from among appropriate relatives
14 of children in need of foster care, families of the same
15 racial or ethnic origin, families residing in the
16 Department's service region proximate to the child's natural
17 family, and families residing within the geographical area
18 served by the licensed child welfare agency.
19 The Department shall require that each licensed child
20 welfare agency receiving State funding, as a condition of its
21 State contract to provide adoptive placements, shall make
22 special efforts to recruit and retain a sufficient current
23 pool of appropriate adoptive placements to meet the cultural
24 and special needs of children served by that agency. For
25 purposes of this Section, appropriate shall mean willing and
26 able to care for a child in need of placement pursuant to
27 federal and State laws governing adoptive placement. To
28 generate its current pool of appropriate adoptive placements,
29 each licensed child welfare agency shall be expected to
30 include recruits from among appropriate relatives of children
31 in need of adoption, families of the same racial or ethnic
32 origin, and families residing in the Department's service
33 region served by the licensed child welfare agency.
34 Recruitment efforts for foster placements and adoptive
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1 placements shall include contacting and working with foster
2 parent organizations, adoptive parent organizations,
3 community organizations, and religious organizations, and may
4 include contracting with these organizations, utilizing local
5 media and other local information resources, and conducting
6 outreach activities. Each licensed child welfare agency
7 shall have a written recruitment plan to be submitted to the
8 Department for approval prior to approval of its State
9 contract. The plan must include:
10 (1) strategies for using existing community
11 resources, including foster parent and adoptive parent
12 organizations, religious organizations, and community
13 organizations;
14 (2) strategies to eliminate racial, ethnic, and
15 national origin discrimination and bias in recruitment,
16 selection and placement procedures in order to foster
17 placement of children in placements that will best meet
18 each child's needs; and
19 (3) goals, objectives, and timetable for compliance
20 with creation of a sufficient pool of foster placements
21 or adoptive placements for children in need of placement.
22 The plan must include staffing goals and objectives. The
23 licensed child welfare agency must ensure that adoption and
24 foster care workers attend training offered and approved by
25 the Department regarding cultural diversity and the needs of
26 special needs children.
27 (b) Reimbursement rates for adoptive services.
28 Legislative intent: it is the intention of the General
29 Assembly to provide new incentives for timely permanent
30 placement of children in need of adoption. The Department
31 shall have rulemaking authority to implement this Section and
32 establish an incentive program. All licensed child welfare
33 agencies that are under contract with the Department to
34 provide foster care and adoption services shall be offered
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1 reimbursement for adoptions based upon a three-tiered flat
2 rate:
3 (1) An enhanced rate will be paid to the child
4 welfare agency that places a child in an adoptive home
5 within 6 months of wardship.
6 (2) A standard rate will be paid to an agency that
7 places a child in an adoptive home after 6 months of the
8 date of wardship.
9 (3) A premium rate will be paid to an agency that
10 places a child in an adoptive home registered on the
11 Illinois Adoption Information Exchange. The agency that
12 registers the child on the Exchange will not be eligible
13 to receive the premium rate.
14 If a child is not placed within 6 months of wardship, the
15 child shall be registered with the Illinois Adoption
16 Information Exchange. Failure to register the child, as
17 required, shall result in a 20% reduction in the licensed
18 child welfare agency's administrative rate for the child not
19 registered until the child is registered. The Department
20 shall have rulemaking authority to implement this Section and
21 to determine any additional penalties, up to and including
22 loss of licensure if failures are willful and repeated.
23 Once a child is registered on the Illinois Adoption
24 Information Exchange, the child is available on a statewide
25 basis for placement by any private adoption agency under
26 contract with the Department or any departmental office.
27 (c) Listing of prospective adoptive homes. The
28 Department of Children and Family Services shall establish
29 and operate the Illinois Adoption Information Exchange. The
30 Illinois Adoption Information Exchange shall maintain a
31 current listing of all prospective adoptive homes in
32 Illinois. A placement shall be listed when the prospective
33 adoptive parent or parents have completed a home study
34 conducted by the Department or one of its assigns and have
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1 met the requirements for licensing. Each licensed child
2 welfare agency shall report all prospective adoptive homes to
3 the Illinois Adoption Information Exchange within 30 days
4 after the issuance of a license. The Department shall
5 promulgate rules for the collection of specific data to be
6 maintained on the Exchange with respect to each prospective
7 home. The Department shall have rulemaking authority to
8 implement this Section.
9 As a separate part of the Exchange, the Department shall
10 also accept information from a prospective adoptive parent
11 who has received a favorable home study conducted by the
12 Department or its assigns that the individual is suitable to
13 be the parent of an adoptee. The information shall be filed
14 in a form and manner that will permit it to be readily
15 accessible to biological parents or licensed child welfare
16 agencies seeking adoptive homes for children.
17 (d) Annual reports. The Department shall compile an
18 annual report of all foster placements and adoptive
19 placements taking place in Illinois.
20 By January 31 of each year, each licensed child welfare
21 agency which places children for foster care or adoption
22 shall report the following:
23 Total number of children placed in foster care.
24 Total number of children placed for adoption.
25 Comparative numbers of placements recruited, filled,
26 and unfilled by county.
27 Comparative numbers of placements recruited, filled,
28 and unfilled by racial or ethnic origin.
29 Sources of children placed for adoption by the
30 following categories:
31 Original locality of child by county, state or
32 nation.
33 Whether child was subject to a proceeding under
34 the Juvenile Court Act of 1987 prior to consent or
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1 surrender.
2 Whether the child was subject of a petition of
3 termination of parental rights under the Juvenile
4 Court Act of 1987.
5 Racial or ethnic background of children and foster
6 or adoptive parent or parents.
7 Biological relationship, if any, between children
8 and foster or adoptive parent or parents.
9 Gender of children.
10 Age of children.
11 Number of children per placement.
12 Number of prior foster placements.
13 Total number of adoption disruptions.
14 Special needs, if any, of children placed.
15 Number of parents in each home.
16 Each licensed child welfare agency shall use the Child
17 Foster Care and Adoption Network to make its report to the
18 Department.
19 By March 31 of each year, the Department shall provide
20 the General Assembly with a comprehensive report on the type
21 and number of adoptions completed in Illinois during the
22 previous year. The report shall include all data provided by
23 licensed child welfare agencies pursuant to this Section, all
24 data obtained pursuant to the Department's administration of
25 the Interstate Compact on Adoptions and pursuant to the
26 Department's processing of intercounty adoptions, and all
27 data obtained from the Illinois Department of Public Health
28 relating to private adoptions. The Department of Children
29 and Family Services shall have the authority pursuant to the
30 Illinois Administrative Procedure Act to promulgate such
31 rules as may be necessary to obtain the necessary data to
32 prepare this report.
33 (20 ILCS 505/7.10 new)
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1 Sec. 7.10. Automated child foster care and adoption
2 network. By January 1, 1998, the Department shall establish
3 an automated Child Foster Care and Adoption Network ("CFCAN")
4 in every Department service region.
5 The CFCAN shall link all licensed child welfare agencies
6 in each Department service region to the Department in order
7 to access a current listing of all licensed foster placements
8 and adoptive placements currently available through their
9 agencies and the children currently placed or awaiting
10 placement in a foster or adoptive placement. It shall be the
11 responsibility of each licensed child welfare agency to
12 provide the Department with a current listing of all licensed
13 foster care and adoptive home slots within 48 hours of their
14 availability by transmitting that data to the Department
15 through an automation device in order to maintain a current
16 and accurate listing of all foster care arrangements and all
17 adoptive placements including those listed in the Illinois
18 Adoption Information Exchange. The Network shall be used to
19 (i) match children requiring foster or adoptive placements
20 with (ii) an appropriate foster placement and (iii) place
21 children in suitable adoptive placements.
22 In addition to the data to be reported by licensed child
23 welfare agencies under subsection (c) of Section 7.5, the
24 agencies shall also report to the Department the full name of
25 the foster or adoptive parent, address, city, zip code, and
26 telephone number of the licensed foster home, the number of
27 slots available for placement in the home, the type of slots
28 available based upon placement criteria such as age, cultural
29 and linguistic background, education level, and special needs
30 of the child as well as status of placement such as emergency
31 placements or long term placements. All information reported
32 shall be handled in a confidential manner as required by law.
33 Planning and implementation of the CFCAN shall be the
34 responsibility of the Department and shall include the
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1 development of all necessary computer applications and forms
2 and the purchase and installation of computer hardware.
3 Successful compliance with CFCAN shall be a basis for
4 consideration of receiving State funding by licensed child
5 welfare agencies providing foster care or adoptive services.
6 Section 95. No acceleration or delay. Where this Act
7 makes changes in a statute that is represented in this Act by
8 text that is not yet or no longer in effect (for example, a
9 Section represented by multiple versions), the use of that
10 text does not accelerate or delay the taking effect of (i)
11 the changes made by this Act or (ii) provisions derived from
12 any other Public Act.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".