[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0090 325 ILCS 5/7.3d new Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to require substance abuse assessments of women whose children have been temporarily removed from their custody. Requires that the assessments be conducted by licensed programs selected by the Department of Human Services, as successor to the Department of Alcoholism and Substance Abuse. If DCFS has petitioned the court to limit custody, provides that the licensed program shall report the assessment results and treatment recommendation to the court, which then may require treatment participation as a condition precedent to regaining or retaining custody. If DCFS has not petitioned the court, permits DCFS to require treatment participation as part of family preservation efforts. LRB9000708DJcd LRB9000708DJcd 1 AN ACT to amend the Abused and Neglected Child Reporting 2 Act by adding Section 7.3d. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Abused and Neglected Child Reporting Act 6 is amended by adding Section 7.3d as follows: 7 (325 ILCS 5/7.3d new) 8 Sec. 7.3d. Assessments and referrals of 9 substance-abusing women with children. 10 (a) The Department of Human Services, as successor to 11 the Department of Alcoholism and Substance Abuse, shall 12 select licensed programs to conduct assessments, referrals, 13 and monitoring of treatment outcomes for substance-abusing 14 women with children involved with the Department system. The 15 licensed programs shall utilize a standardized assessment 16 protocol developed by the Department of Human Services. The 17 Department of Human Services shall ensure that assessments, 18 referrals, and monitoring are conducted in compliance with 19 federal regulations governing the confidentiality of drug and 20 alcohol treatment records. 21 (b) If the Department petitions the court under the 22 Juvenile Court Act of 1987 to temporarily remove the child 23 from the mother's custody or to take other action, the 24 Department shall require a substance abuse assessment by one 25 of the licensed programs selected by the Department of Human 26 Services. The licensed program shall report to the court the 27 results of the assessment and recommend whether the woman 28 should be placed in treatment. The court may require the 29 woman to participate in treatment in order to regain or 30 retain custody of her child. In evaluating compliance with 31 court-ordered treatment, the court shall give consideration -2- LRB9000708DJcd 1 to the woman's ability to pay for treatment as well as the 2 availability of and access to the treatment recommended. If 3 the woman elects to participate in alcohol or drug treatment, 4 the licensed program selected by the Department of Human 5 Services shall refer the woman to an appropriate service 6 provider. Nothing contained in this Section shall prohibit 7 the licensed program performing the assessment from referring 8 the woman to one of its programs if that placement is 9 appropriate. 10 The service provider shall develop a case management plan 11 for the woman's substance abuse treatment and other related 12 needs. The service provider shall monitor the woman's 13 compliance with and progress in treatment. The service 14 provider shall obtain appropriate client consent in 15 accordance with federal confidentiality laws to disclose this 16 information to the Department, the court, and attorneys 17 involved in the case. 18 (c) If the Department does not petition the court, but 19 instead opens the case, the Department shall notify one of 20 the licensed programs selected by the Department of Human 21 Services to conduct a substance abuse assessment. This 22 licensed program shall report to the Department the results 23 of the assessment and recommend whether the woman should be 24 placed in treatment. The Department may require the woman to 25 participate in treatment as part of the Department's family 26 preservation efforts. The licensed program selected by the 27 Department of Human Services shall refer the woman to an 28 appropriate service provider. Nothing contained in this 29 Section shall prohibit the licensed program performing the 30 assessment from referring the woman to one of its programs if 31 placement is appropriate. 32 The service provider, in cooperation with the Department 33 caseworker, shall develop a case management plan for the 34 woman's substance abuse treatment and other related needs. -3- LRB9000708DJcd 1 The service provider shall monitor the woman's compliance 2 with progress in treatment and report back to the Department 3 on her progress in treatment. The service provider shall 4 obtain appropriate client consent in accordance with federal 5 confidentiality laws to disclose this information to the 6 Department.
[ Top ]