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90_HB0097
20 ILCS 505/5 from Ch. 23, par. 5005
Amends the Children and Family Services Act. Provides
that adoption assistance payments may vary based on the
needs, age, and placement of the child. Provides that the
payments shall not exceed the cost of foster care payments or
special service payments. (Now payment must be at least $25
less than the monthly cost of care of the child in a foster
home). Provides that acceptance or refusal of assistance
shall not be a factor in selecting an adoptive family.
Provides that adoption subsidies for physically or mentally
handicapped children shall be determined soley on the basis
of the child's medical condition or disability. Provides
that if the condition is discovered during the child's
minority, the subsidy shall be paid to the adoptive parent
retroactive to the date of the interim order of adoption or
the onset of the condition or disability whichever is later.
Effective immediately.
LRB9000901MWpc
LRB9000901MWpc
1 AN ACT to amend the Children and Family Services Act by
2 changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Children and Family Services Act is
6 amended by changing Section 5 as follows:
7 (20 ILCS 505/5) (from Ch. 23, par. 5005)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 5. To provide direct child welfare services when
10 not available through other public or private child care or
11 program facilities.
12 (a) For purposes of this Section:
13 (1) "Children" means persons found within the State
14 who are under the age of 18 years. The term also
15 includes persons under age 19 who:
16 (A) were committed to the Department pursuant
17 to the Juvenile Court Act or the Juvenile Court Act
18 of 1987, as amended, prior to the age of 18 and who
19 continue under the jurisdiction of the court; or
20 (B) were accepted for care, service and
21 training by the Department prior to the age of 18
22 and whose best interest in the discretion of the
23 Department would be served by continuing that care,
24 service and training because of severe emotional
25 disturbances, physical disability, social adjustment
26 or any combination thereof, or because of the need
27 to complete an educational or vocational training
28 program.
29 (2) "Homeless youth" means persons found within the
30 State who are under the age of 19, are not in a safe and
31 stable living situation and cannot be reunited with their
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1 families.
2 (3) "Child welfare services" means public social
3 services which are directed toward the accomplishment of
4 the following purposes:
5 (A) protecting and promoting the welfare of
6 children, including homeless, dependent or neglected
7 children;
8 (B) preventing or remedying, or assisting in
9 the solution of problems which may result in, the
10 neglect, abuse, exploitation or delinquency of
11 children;
12 (C) preventing the unnecessary separation of
13 children from their families by identifying family
14 problems, assisting families in resolving their
15 problems, and preventing the breakup of the family
16 where the prevention of child removal is desirable
17 and possible;
18 (D) restoring to their families children who
19 have been removed, by the provision of services to
20 the child and the families;
21 (E) placing children in suitable adoptive
22 homes, in cases where restoration to the biological
23 family is not possible or appropriate;
24 (F) assuring adequate care of children away
25 from their homes, in cases where the child cannot be
26 returned home or cannot be placed for adoption;
27 (G) providing supportive services and living
28 maintenance which contribute to the physical,
29 emotional and social well-being of children who are
30 pregnant and unmarried;
31 (H) providing shelter and independent living
32 services for homeless youth; and
33 (I) placing and maintaining children in
34 facilities that provide separate living quarters for
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1 children under the age of 18 and for children 18
2 years of age and older, unless a child 18 years of
3 age is in the last year of high school education or
4 vocational training, in an approved individual or
5 group treatment program, or in a licensed shelter
6 facility. The Department is not required to place
7 or maintain children:
8 (i) who are in a foster home, or
9 (ii) who are persons with a developmental
10 disability, as defined in the Mental Health and
11 Developmental Disabilities Code, or
12 (iii) who are female children who are
13 pregnant, pregnant and parenting or parenting,
14 or
15 (iv) who are siblings,
16 in facilities that provide separate living quarters
17 for children 18 years of age and older and for
18 children under 18 years of age.
19 (b) Nothing in this Section shall be construed to
20 authorize the expenditure of public funds for the purpose of
21 performing abortions.
22 (c) The Department shall establish and maintain
23 tax-supported child welfare services and extend and seek to
24 improve voluntary services throughout the State, to the end
25 that services and care shall be available on an equal basis
26 throughout the State to children requiring such services.
27 (d) The Director may authorize advance disbursements for
28 any new program initiative to any agency contracting with the
29 Department. As a prerequisite for an advance disbursement,
30 the contractor must post a surety bond in the amount of the
31 advance disbursement and have a purchase of service contract
32 approved by the Department. The Department may pay up to 2
33 months operational expenses in advance. The amount of the
34 advance disbursement shall be prorated over the life of the
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1 contract or the remaining months of the fiscal year,
2 whichever is less, and the installment amount shall then be
3 deducted from future bills. Advance disbursement
4 authorizations for new initiatives shall not be made to any
5 agency after that agency has operated during 2 consecutive
6 fiscal years. The requirements of this Section concerning
7 advance disbursements shall not apply with respect to the
8 following: payments to local public agencies for child day
9 care services as authorized by Section 5a of this Act; and
10 youth service programs receiving grant funds under Section
11 17a-4.
12 (e) For the purpose of insuring effective state-wide
13 planning, development, and utilization of resources for the
14 day care of children, operated under various auspices, the
15 Department is hereby designated to coordinate all day care
16 activities for children of the State and shall:
17 (1) Develop on or before December 1, 1977, and
18 update every year thereafter, a state comprehensive
19 day-care plan for submission to the Governor which
20 identifies high-priority areas and groups, relating them
21 to available resources, and identifying the most
22 effective approaches to the use of existing day care
23 services. The State comprehensive day-care plan shall be
24 made available to the General Assembly following the
25 Governor's approval of the plan.
26 The plan shall include methods and procedures for
27 the development of additional day care resources for
28 children to meet the goal of reducing short-run and
29 long-run dependency and to provide necessary enrichment
30 and stimulation to the education of young children.
31 Recommendation shall be made for State policy on optimum
32 use of private and public, local, state and federal
33 resources, including an estimate of the resources needed
34 for the licensing and regulation of day care facilities.
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1 A written report shall be submitted to the Governor
2 and the General Assembly, annually, on April 15, and
3 shall include an evaluation of developments over the
4 preceding fiscal year, including cost-benefit analyses of
5 various arrangements. Beginning with the report in 1990
6 and every 2 years thereafter, the report shall also
7 include the following:
8 (A) An assessment of the child care services,
9 needs and available resources throughout the State
10 and an assessment of the adequacy of existing child
11 care services, including, but not limited to,
12 services assisted under this Act and under any other
13 program administered by other State agencies.
14 (B) A survey of day care facilities to
15 determine the number of qualified caregivers, as
16 defined by rule, attracted to vacant positions and
17 any problems encountered by facilities in attracting
18 and retaining capable caregivers.
19 (C) The average wages and salaries and fringe
20 benefit packages paid to caregivers throughout the
21 State, computed on a regional basis.
22 (D) The qualifications of new caregivers hired
23 at licensed day care facilities during the previous
24 2 year period.
25 (E) Recommendations for increasing caregiver
26 wages and salaries to insure quality care for
27 children.
28 (F) Evaluation of the fee structure and income
29 eligibility for child care subsidized by the State.
30 The requirement for reporting to the General
31 Assembly shall be satisfied by filing copies of the
32 report with the Speaker, the Minority Leader and the
33 Clerk of the House of Representatives and the President,
34 the Minority Leader and the Secretary of the Senate and
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1 the Legislative Research Unit, as required by Section 3.1
2 of the General Assembly Organization Act, and filing such
3 additional copies with the State Government Report
4 Distribution Center for the General Assembly as is
5 required under paragraph (t) of Section 7 of the State
6 Library Act.
7 (2) Establish policies and procedures for
8 developing and implementing interagency agreements with
9 other agencies of the State providing child care services
10 or reimbursement for such services.
11 (3) In cooperation with other State agencies,
12 develop and implement a resource and referral system for
13 the State of Illinois either within the Department or by
14 contract with local or regional agencies. Funding for
15 implementation of this system may be provided through
16 Department appropriations or other inter-agency funding
17 arrangements. The resource and referral system shall
18 provide at least the following services:
19 (A) assembling and maintaining a data base on
20 the supply of child care services;
21 (B) providing information and referrals for
22 parents;
23 (C) coordinating the development of new child
24 care resources;
25 (D) providing technical assistance and
26 training to child care service providers; and
27 (E) recording and analyzing the demand for
28 child care services.
29 The Department shall complete implementation of this
30 resource and referral system in all regions of the State
31 by January 1, 1992.
32 (4) Conduct day care planning activities with the
33 following priorities:
34 (A) development of voluntary day care
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1 resources wherever possible, with the provision for
2 grants-in-aid only where demonstrated to be useful
3 and necessary as incentives or supports;
4 (B) emphasis on service to children of
5 recipients of public assistance where such service
6 will allow training or employment of the parent
7 toward achieving the goal of independence;
8 (C) maximum employment of recipients of public
9 assistance in day care centers and day care homes,
10 operated in conjunction with short-term work
11 training programs;
12 (D) care of children from families in stress
13 and crises whose members potentially may become, or
14 are in danger of becoming, non-productive and
15 dependent;
16 (E) expansion of family day care facilities
17 wherever possible;
18 (F) location of centers in economically
19 depressed neighborhoods, preferably in multi-service
20 centers with cooperation of other agencies;
21 (G) use of existing facilities free of charge
22 or for reasonable rental wherever possible in lieu
23 of construction;
24 (H) development of strategies for assuring a
25 more complete range of day care options, including
26 provision of day care services in homes, in schools
27 or in centers, which will enable a parent or parents
28 to complete a course of education or obtain or
29 maintain employment.
30 Emphasis shall be given to support services which
31 will help to ensure such parents' graduation from high
32 school and to services for participants in the Project
33 Chance program of job training conducted by the Illinois
34 Department of Public Aid.
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1 (5) Actively stimulate the development of public
2 and private resources at the local level. It shall also
3 seek the fullest utilization of federal funds directly or
4 indirectly available to the Department.
5 Where appropriate, existing non-governmental agencies or
6 associations shall be involved in planning by the Department.
7 (f) The Department, pursuant to a contract with the
8 Illinois Department of Public Aid, may provide child care
9 services to former recipients of assistance under The
10 Illinois Public Aid Code as authorized by Section 9-6.3 of
11 that Code.
12 (g) The Department shall establish rules and regulations
13 concerning its operation of programs designed to meet the
14 goals of child protection, family preservation, family
15 reunification, adoption and youth development, including but
16 not limited to:
17 (1) adoption;
18 (2) foster care;
19 (3) family counseling;
20 (4) protective services;
21 (5) service to unwed mothers;
22 (6) homemaker service;
23 (7) return of runaway children;
24 (8) independent living skills and shelter for
25 homeless youth;
26 (9) placement under Section 5-7 of the Juvenile
27 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
28 Juvenile Court Act of 1987 in accordance with the federal
29 Adoption Assistance and Child Welfare Act of 1980; and
30 (10) interstate services.
31 Rules and regulations established by the Department shall
32 include provisions for training Department staff and the
33 staff of Department grantees, through contracts with other
34 agencies or resources, in alcohol and drug abuse screening
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1 techniques to identify children and adults who should be
2 referred to an alcohol and drug abuse treatment program for
3 professional evaluation.
4 (h) If the Department finds that there is no appropriate
5 program or facility within or available to the Department for
6 a ward and that no licensed private facility has an adequate
7 and appropriate program or none agrees to accept the ward,
8 the Department shall create an appropriate individualized,
9 program-oriented plan for such ward. The plan may be
10 developed within the Department or through purchase of
11 services by the Department to the extent that it is within
12 its statutory authority to do.
13 (i) Service programs shall be available throughout the
14 State and shall include but not be limited to the following
15 services:
16 (1) case management;
17 (2) homemakers;
18 (3) counseling;
19 (4) parent education;
20 (5) day care; and
21 (6) emergency assistance and advocacy.
22 In addition, the following services may be made available
23 to assess and meet the needs of children and families:
24 (1) comprehensive family-based services;
25 (2) assessments;
26 (3) respite care; and
27 (4) in-home health services.
28 The Department shall provide transportation for any of
29 the services it makes available to children or families or
30 for which it refers children or families.
31 (j) The Department may provide financial assistance, and
32 shall establish rules and regulations concerning such
33 assistance, to persons who adopt physically or mentally
34 handicapped, older and other hard-to-place children who
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1 immediately prior to their adoption were legal wards of the
2 Department. The Department may also provide financial
3 assistance, and shall establish rules and regulations for
4 such assistance, to persons appointed guardian of the person
5 under Section 5-7 of the Juvenile Court Act or Section 2-27,
6 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
7 children who were wards of the Department for 12 months
8 immediately prior to the appointment of the successor
9 guardian and for whom the Department has set a goal of
10 permanent family placement with a foster family.
11 The amount of assistance may vary, depending on the needs
12 of the child, and may be the same as, but may not exceed, the
13 cost of foster care payments or special service payments that
14 would be made by the Department if it were to provide or
15 secure them as a guardian of the child. The Department shall
16 determine amounts of assistance based upon the needs, age,
17 and placement of the child. The amount of foster care or
18 special service payment to the child shall serve as an
19 automatic determination of the amount of adoption assistance.
20 The Department shall not consider the income or economic
21 resources of the adoptive parents in its determination of the
22 amount of assistance. Acceptance or refusal of assistance by
23 the adoptive parents shall not be a factor in selecting an
24 adoptive family that otherwise meets the best interest of the
25 child, including the development of significant emotional
26 ties with the prospective adoptive parents while in their
27 care. A child shall not be removed from a prospective
28 adoptive family solely on the basis of acceptance or refusal
29 of assistance by the adoptive parents. The amount of
30 assistance may vary, depending upon the needs of the child
31 and the adoptive parents, but must be at least $25 less than
32 the monthly cost of care of the child in a foster home, as
33 set forth in the annual assistance agreement. Special
34 purpose grants are allowed where the child requires special
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1 service but such costs may not exceed the amounts which
2 similar services would cost the Department if it were to
3 provide or secure them as guardian of the child.
4 Any financial assistance provided under this subsection
5 is inalienable by assignment, sale, execution, attachment,
6 garnishment, or any other remedy for recovery or collection
7 of a judgment or debt.
8 Adoption subsidies for physically or mentally handicapped
9 children shall be determined solely on the basis of the
10 child's medical condition or disability, whether the
11 condition or disability is physical, mental, or emotional.
12 If the condition is discovered during the child's minority,
13 the subsidy shall be paid to the adoptive parent retroactive
14 to the date of the interim order of adoption or the onset of
15 the condition or disability whichever is later. The
16 Department shall have the authority to promulgate rules for
17 the implementation of this Section, under the Illinois
18 Administrative Procedure Act.
19 (k) The Department shall accept for care and training
20 any child who has been adjudicated neglected or abused, or
21 dependent committed to it pursuant to the Juvenile Court Act
22 or the Juvenile Court Act of 1987.
23 (l) Before July 1, 2000, the Department may provide, and
24 beginning July 1, 2000, the Department shall provide, family
25 preservation services, as determined to be appropriate and in
26 the child's best interests and when the child will not be in
27 imminent risk of harm, to any family whose child has been
28 placed in substitute care, any persons who have adopted a
29 child and require post-adoption services, or any persons
30 whose child or children are at risk of being placed outside
31 their home as documented by an "indicated" report of
32 suspected child abuse or neglect determined pursuant to the
33 Abused and Neglected Child Reporting Act. Nothing in this
34 paragraph shall be construed to create a private right of
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1 action or claim on the part of any individual or child
2 welfare agency.
3 The Department shall notify the child and his family of
4 the Department's responsibility to offer and provide family
5 preservation services as identified in the service plan. The
6 child and his family shall be eligible for services as soon
7 as the report is determined to be "indicated". The
8 Department may offer services to any child or family with
9 respect to whom a report of suspected child abuse or neglect
10 has been filed, prior to concluding its investigation under
11 Section 7.12 of the Abused and Neglected Child Reporting Act.
12 However, the child's or family's willingness to accept
13 services shall not be considered in the investigation. The
14 Department may also provide services to any child or family
15 who is the subject of any report of suspected child abuse or
16 neglect or may refer such child or family to services
17 available from other agencies in the community, even if the
18 report is determined to be unfounded, if the conditions in
19 the child's or family's home are reasonably likely to subject
20 the child or family to future reports of suspected child
21 abuse or neglect. Acceptance of such services shall be
22 voluntary.
23 The Department may, at its discretion except for those
24 children also adjudicated neglected or dependent, accept for
25 care and training any child who has been adjudicated
26 addicted, as a truant minor in need of supervision or as a
27 minor requiring authoritative intervention, under the
28 Juvenile Court Act or the Juvenile Court Act of 1987, but no
29 such child shall be committed to the Department by any court
30 without the approval of the Department. A minor charged with
31 a criminal offense under the Criminal Code of 1961 or
32 adjudicated delinquent shall not be placed in the custody of
33 or committed to the Department by any court, except a minor
34 less than 13 years of age committed to the Department under
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1 Section 5-23 of the Juvenile Court Act of 1987.
2 (m) The Department may assume temporary custody of any
3 child if:
4 (1) it has received a written consent to such
5 temporary custody signed by the parents of the child or
6 by the parent having custody of the child if the parents
7 are not living together or by the guardian or custodian
8 of the child if the child is not in the custody of either
9 parent, or
10 (2) the child is found in the State and neither a
11 parent, guardian nor custodian of the child can be
12 located.
13 If the child is found in his or her residence without a
14 parent, guardian, custodian or responsible caretaker, the
15 Department may, instead of removing the child and assuming
16 temporary custody, place an authorized representative of the
17 Department in that residence until such time as a parent,
18 guardian or custodian enters the home and expresses a
19 willingness and apparent ability to resume permanent charge
20 of the child, or until a relative enters the home and is
21 willing and able to assume charge of the child until a
22 parent, guardian or custodian enters the home and expresses
23 such willingness and ability to resume permanent charge.
24 After a caretaker has remained in the home for a period not
25 to exceed 12 hours, the Department must follow those
26 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
27 Juvenile Court Act of 1987.
28 The Department shall have the authority, responsibilities
29 and duties that a legal custodian of the child would have
30 pursuant to subsection (9) of Section 1-3 of the Juvenile
31 Court Act of 1987. Whenever a child is taken into temporary
32 custody pursuant to an investigation under the Abused and
33 Neglected Child Reporting Act, or pursuant to a referral and
34 acceptance under the Juvenile Court Act of 1987 of a minor in
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1 limited custody, the Department, during the period of
2 temporary custody and before the child is brought before a
3 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
4 of the Juvenile Court Act of 1987, shall have the authority,
5 responsibilities and duties that a legal custodian of the
6 child would have under subsection (9) of Section 1-3 of the
7 Juvenile Court Act of 1987.
8 The Department shall ensure that any child taken into
9 custody is scheduled for an appointment for a medical
10 examination.
11 A parent, guardian or custodian of a child in the
12 temporary custody of the Department who would have custody of
13 the child if he were not in the temporary custody of the
14 Department may deliver to the Department a signed request
15 that the Department surrender the temporary custody of the
16 child. The Department may retain temporary custody of the
17 child for 10 days after the receipt of the request, during
18 which period the Department may cause to be filed a petition
19 pursuant to the Juvenile Court Act of 1987. If a petition is
20 so filed, the Department shall retain temporary custody of
21 the child until the court orders otherwise. If a petition is
22 not filed within the 10 day period, the child shall be
23 surrendered to the custody of the requesting parent, guardian
24 or custodian not later than the expiration of the 10 day
25 period, at which time the authority and duties of the
26 Department with respect to the temporary custody of the child
27 shall terminate.
28 (n) The Department may place children under 18 years of
29 age in licensed child care facilities when in the opinion of
30 the Department, appropriate services aimed at family
31 preservation have been unsuccessful or unavailable and such
32 placement would be for their best interest. Payment for
33 board, clothing, care, training and supervision of any child
34 placed in a licensed child care facility may be made by the
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1 Department, by the parents or guardians of the estates of
2 those children, or by both the Department and the parents or
3 guardians, except that no payments shall be made by the
4 Department for any child placed in a licensed child care
5 facility for board, clothing, care, training and supervision
6 of such a child that exceed the average per capita cost of
7 maintaining and of caring for a child in institutions for
8 dependent or neglected children operated by the Department.
9 However, such restriction on payments does not apply in cases
10 where children require specialized care and treatment for
11 problems of severe emotional disturbance, physical
12 disability, social adjustment, or any combination thereof and
13 suitable facilities for the placement of such children are
14 not available at payment rates within the limitations set
15 forth in this Section. All reimbursements for services
16 delivered shall be absolutely inalienable by assignment,
17 sale, attachment, garnishment or otherwise.
18 (o) The Department shall establish an administrative
19 review and appeal process for children and families who
20 request or receive child welfare services from the
21 Department. Children who are wards of the Department and are
22 placed by private child welfare agencies, and foster families
23 with whom those children are placed, shall be afforded the
24 same procedural and appeal rights as children and families in
25 the case of placement by the Department, including the right
26 to an initial review of a private agency decision by that
27 agency. The Department shall insure that any private child
28 welfare agency, which accepts wards of the Department for
29 placement, affords those rights to children and foster
30 families. The Department shall accept for administrative
31 review and an appeal hearing a complaint made by a child or
32 foster family concerning a decision following an initial
33 review by a private child welfare agency. An appeal of a
34 decision concerning a change in the placement of a child
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1 shall be conducted in an expedited manner.
2 (p) There is hereby created the Department of Children
3 and Family Services Emergency Assistance Fund from which the
4 Department may provide special financial assistance to
5 families which are in economic crisis when such assistance is
6 not available through other public or private sources and the
7 assistance is deemed necessary to prevent dissolution of the
8 family unit or to reunite families which have been separated
9 due to child abuse and neglect. The Department shall
10 establish administrative rules specifying the criteria for
11 determining eligibility for and the amount and nature of
12 assistance to be provided. The Department may also enter
13 into written agreements with private and public social
14 service agencies to provide emergency financial services to
15 families referred by the Department. Special financial
16 assistance payments shall be available to a family no more
17 than once during each fiscal year and the total payments to a
18 family may not exceed $500 during a fiscal year.
19 (q) The Department may receive and use, in their
20 entirety, for the benefit of children any gift, donation or
21 bequest of money or other property which is received on
22 behalf of such children, or any financial benefits to which
23 such children are or may become entitled while under the
24 jurisdiction or care of the Department.
25 The Department shall set up and administer no-cost,
26 interest-bearing savings accounts in appropriate financial
27 institutions ("individual accounts") for children for whom
28 the Department is legally responsible and who have been
29 determined eligible for Veterans' Benefits, Social Security
30 benefits, assistance allotments from the armed forces, court
31 ordered payments, parental voluntary payments, Supplemental
32 Security Income, Railroad Retirement payments, Black Lung
33 benefits, or other miscellaneous payments. Interest earned
34 by each individual account shall be credited to the account,
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1 unless disbursed in accordance with this subsection.
2 In disbursing funds from children's individual accounts,
3 the Department shall:
4 (1) Establish standards in accordance with State
5 and federal laws for disbursing money from children's
6 individual accounts. In all circumstances, the
7 Department's "Guardianship Administrator" or his or her
8 designee must approve disbursements from children's
9 individual accounts. The Department shall be responsible
10 for keeping complete records of all disbursements for
11 each individual account for any purpose.
12 (2) Calculate on a monthly basis the amounts paid
13 from State funds for the child's board and care, medical
14 care not covered under Medicaid, and social services; and
15 utilize funds from the child's individual account, as
16 covered by regulation, to reimburse those costs.
17 Monthly, disbursements from all children's individual
18 accounts, up to 1/12 of $13,000,000, shall be deposited
19 by the Department into the General Revenue Fund and the
20 balance over 1/12 of $13,000,000 into the DCFS Children's
21 Services Fund.
22 (3) Maintain any balance remaining after
23 reimbursing for the child's costs of care, as specified
24 in item (2). The balance shall accumulate in accordance
25 with relevant State and federal laws and shall be
26 disbursed to the child or his or her guardian, or to the
27 issuing agency.
28 (r) The Department shall promulgate regulations
29 encouraging all adoption agencies to voluntarily forward to
30 the Department or its agent names and addresses of all
31 persons who have applied for and have been approved for
32 adoption of a hard-to-place or handicapped child and the
33 names of such children who have not been placed for adoption.
34 A list of such names and addresses shall be maintained by the
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1 Department or its agent, and coded lists which maintain the
2 confidentiality of the person seeking to adopt the child and
3 of the child shall be made available, without charge, to
4 every adoption agency in the State to assist the agencies in
5 placing such children for adoption. The Department may
6 delegate to an agent its duty to maintain and make available
7 such lists. The Department shall ensure that such agent
8 maintains the confidentiality of the person seeking to adopt
9 the child and of the child.
10 (s) The Department of Children and Family Services may
11 establish and implement a program to reimburse Department and
12 private child welfare agency foster parents licensed by the
13 Department of Children and Family Services for damages
14 sustained by the foster parents as a result of the malicious
15 or negligent acts of foster children, as well as providing
16 third party coverage for such foster parents with regard to
17 actions of foster children to other individuals. Such
18 coverage will be secondary to the foster parent liability
19 insurance policy, if applicable. The program shall be funded
20 through appropriations from the General Revenue Fund,
21 specifically designated for such purposes.
22 (t) The Department shall perform home studies and
23 investigations and shall exercise supervision over visitation
24 as ordered by a court pursuant to the Illinois Marriage and
25 Dissolution of Marriage Act or the Adoption Act only if:
26 (1) an order entered by an Illinois court
27 specifically directs the Department to perform such
28 services; and
29 (2) the court has ordered one or both of the
30 parties to the proceeding to reimburse the Department for
31 its reasonable costs for providing such services in
32 accordance with Department rules, or has determined that
33 neither party is financially able to pay.
34 The Department shall provide written notification to the
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1 court of the specific arrangements for supervised visitation
2 and projected monthly costs within 60 days of the court
3 order. The Department shall send to the court information
4 related to the costs incurred except in cases where the court
5 has determined the parties are financially unable to pay. The
6 court may order additional periodic reports as appropriate.
7 (u) Whenever the Department places a child in a licensed
8 foster home, group home, child care institution, or in a
9 relative home, the Department shall provide to the caretaker:
10 (1) available detailed information concerning the
11 child's educational and health history, copies of
12 immunization records (including insurance and medical
13 card information), a history of the child's previous
14 placements, if any, and reasons for placement changes
15 excluding any information that identifies or reveals the
16 location of any previous caretaker;
17 (2) a copy of the child's portion of the client
18 service plan, including any visitation arrangement, and
19 all amendments or revisions to it as related to the
20 child; and
21 (3) information containing details of the child's
22 individualized educational plan when the child is
23 receiving special education services.
24 The caretaker shall be informed of any known social or
25 behavioral information (including, but not limited to, fire
26 setting, perpetuation of sexual abuse, destructive behavior,
27 and substance abuse) necessary to care for and safeguard the
28 child.
29 (u-5) Effective July 1, 1995, only foster care
30 placements licensed as foster family homes pursuant to the
31 Child Care Act of 1969 shall be eligible to receive foster
32 care payments from the Department. Relative caregivers who,
33 as of July 1, 1995, were approved pursuant to approved
34 relative placement rules previously promulgated by the
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1 Department at 89 Ill. Adm. Code 335 and had submitted an
2 application for licensure as a foster family home may
3 continue to receive foster care payments only until the
4 Department determines that they may be licensed as a foster
5 family home or that their application for licensure is denied
6 or until September 30, 1995, whichever occurs first.
7 (v) The Department shall access criminal history record
8 information as defined in the Illinois Uniform Conviction
9 Information Act and information maintained in the
10 adjudicatory and dispositional record system as defined in
11 subdivision (A)19 of Section 55a of the Civil Administrative
12 Code of Illinois if the Department determines the information
13 is necessary to perform its duties under the Abused and
14 Neglected Child Reporting Act, the Child Care Act of 1969,
15 and the Children and Family Services Act. The Department
16 shall provide for interactive computerized communication and
17 processing equipment that permits direct on-line
18 communication with the Department of State Police's central
19 criminal history data repository. The Department shall
20 comply with all certification requirements and provide
21 certified operators who have been trained by personnel from
22 the Department of State Police. In addition, one Office of
23 the Inspector General investigator shall have training in the
24 use of the criminal history information access system and
25 have access to the terminal. The Department of Children and
26 Family Services and its employees shall abide by rules and
27 regulations established by the Department of State Police
28 relating to the access and dissemination of this information.
29 (w) Within 120 days of August 20, 1995 (the effective
30 date of Public Act 89-392) this amendatory Act of 1995, the
31 Department shall prepare and submit to the Governor and the
32 General Assembly, a written plan for the development of
33 in-state licensed secure child care facilities that care for
34 children who are in need of secure living arrangements for
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1 their health, safety, and well-being. For purposes of this
2 subsection, secure care facility shall mean a facility that
3 is designed and operated to ensure that all entrances and
4 exits from the facility, a building or a distinct part of the
5 building, are under the exclusive control of the staff of the
6 facility, whether or not the child has the freedom of
7 movement within the perimeter of the facility, building, or
8 distinct part of the building. The plan shall include
9 descriptions of the types of facilities that are needed in
10 Illinois; the cost of developing these secure care
11 facilities; the estimated number of placements; the potential
12 cost savings resulting from the movement of children
13 currently out-of-state who are projected to be returned to
14 Illinois; the necessary geographic distribution of these
15 facilities in Illinois; and a proposed timetable for
16 development of such facilities.
17 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
18 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
19 8-20-95; 89-626, eff. 8-9-96.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 5. Direct child welfare services; Department of
22 Children and Family Services. To provide direct child welfare
23 services when not available through other public or private
24 child care or program facilities.
25 (a) For purposes of this Section:
26 (1) "Children" means persons found within the State
27 who are under the age of 18 years. The term also
28 includes persons under age 19 who:
29 (A) were committed to the Department pursuant
30 to the Juvenile Court Act or the Juvenile Court Act
31 of 1987, as amended, prior to the age of 18 and who
32 continue under the jurisdiction of the court; or
33 (B) were accepted for care, service and
34 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) remedying, or assisting in the solution of
19 problems which may result in, the neglect, abuse,
20 exploitation or delinquency of children;
21 (C) preventing the unnecessary separation of
22 children from their families by identifying family
23 problems, assisting families in resolving their
24 problems, and preventing the breakup of the family
25 where the prevention of child removal is desirable
26 and possible;
27 (D) restoring to their families children who
28 have been removed, by the provision of services to
29 the child and the families;
30 (E) placing children in suitable adoptive
31 homes, in cases where restoration to the biological
32 family is not possible or appropriate;
33 (F) assuring adequate care of children away
34 from their homes, in cases where the child cannot be
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1 returned home or cannot be placed for adoption;
2 (G) (blank);
3 (H) (blank); and
4 (I) placing and maintaining children in
5 facilities that provide separate living quarters for
6 children under the age of 18 and for children 18
7 years of age and older, unless a child 18 years of
8 age is in the last year of high school education or
9 vocational training, in an approved individual or
10 group treatment program, or in a licensed shelter
11 facility. The Department is not required to place
12 or maintain children:
13 (i) who are in a foster home, or
14 (ii) who are persons with a developmental
15 disability, as defined in the Mental Health and
16 Developmental Disabilities Code, or
17 (iii) who are female children who are
18 pregnant, pregnant and parenting or parenting,
19 or
20 (iv) who are siblings,
21 in facilities that provide separate living quarters
22 for children 18 years of age and older and for
23 children under 18 years of age.
24 (b) Nothing in this Section shall be construed to
25 authorize the expenditure of public funds for the purpose of
26 performing abortions.
27 (c) The Department shall establish and maintain
28 tax-supported child welfare services and extend and seek to
29 improve voluntary services throughout the State, to the end
30 that services and care shall be available on an equal basis
31 throughout the State to children requiring such services.
32 (d) The Director may authorize advance disbursements for
33 any new program initiative to any agency contracting with the
34 Department. As a prerequisite for an advance disbursement,
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1 the contractor must post a surety bond in the amount of the
2 advance disbursement and have a purchase of service contract
3 approved by the Department. The Department may pay up to 2
4 months operational expenses in advance. The amount of the
5 advance disbursement shall be prorated over the life of the
6 contract or the remaining months of the fiscal year,
7 whichever is less, and the installment amount shall then be
8 deducted from future bills. Advance disbursement
9 authorizations for new initiatives shall not be made to any
10 agency after that agency has operated during 2 consecutive
11 fiscal years. The requirements of this Section concerning
12 advance disbursements shall not apply with respect to the
13 following: payments to local public agencies for child day
14 care services as authorized by Section 5a of this Act; and
15 youth service programs receiving grant funds under Section
16 17a-4.
17 (e) (Blank).
18 (f) (Blank).
19 (g) The Department shall establish rules and regulations
20 concerning its operation of programs designed to meet the
21 goals of child protection, family preservation, family
22 reunification, and adoption, including but not limited to:
23 (1) adoption;
24 (2) foster care;
25 (3) family counseling;
26 (4) protective services;
27 (5) (blank);
28 (6) homemaker service;
29 (7) return of runaway children;
30 (8) (blank);
31 (9) placement under Section 5-7 of the Juvenile
32 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
33 Juvenile Court Act of 1987 in accordance with the federal
34 Adoption Assistance and Child Welfare Act of 1980; and
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1 (10) interstate services.
2 Rules and regulations established by the Department shall
3 include provisions for training Department staff and the
4 staff of Department grantees, through contracts with other
5 agencies or resources, in alcohol and drug abuse screening
6 techniques to identify children and adults who should be
7 referred to an alcohol and drug abuse treatment program for
8 professional evaluation.
9 (h) If the Department finds that there is no appropriate
10 program or facility within or available to the Department for
11 a ward and that no licensed private facility has an adequate
12 and appropriate program or none agrees to accept the ward,
13 the Department shall create an appropriate individualized,
14 program-oriented plan for such ward. The plan may be
15 developed within the Department or through purchase of
16 services by the Department to the extent that it is within
17 its statutory authority to do.
18 (i) Service programs shall be available throughout the
19 State and shall include but not be limited to the following
20 services:
21 (1) case management;
22 (2) homemakers;
23 (3) counseling;
24 (4) parent education;
25 (5) day care; and
26 (6) emergency assistance and advocacy.
27 In addition, the following services may be made available
28 to assess and meet the needs of children and families:
29 (1) comprehensive family-based services;
30 (2) assessments;
31 (3) respite care; and
32 (4) in-home health services.
33 The Department shall provide transportation for any of
34 the services it makes available to children or families or
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1 for which it refers children or families.
2 (j) The Department may provide financial assistance, and
3 shall establish rules and regulations concerning such
4 assistance, to persons who adopt physically or mentally
5 handicapped, older and other hard-to-place children who
6 immediately prior to their adoption were legal wards of the
7 Department. The Department may also provide financial
8 assistance, and shall establish rules and regulations for
9 such assistance, to persons appointed guardian of the person
10 under Section 5-7 of the Juvenile Court Act or Section 2-27,
11 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
12 children who were wards of the Department for 12 months
13 immediately prior to the appointment of the successor
14 guardian and for whom the Department has set a goal of
15 permanent family placement with a foster family.
16 The amount of assistance may vary, depending on the needs
17 of the child, and may be the same as, but may not exceed, the
18 cost of foster care payments or special service payments that
19 would be made by the Department if it were to provide or
20 secure them as a guardian of the child. The Department shall
21 determine amounts of assistance based upon the needs, age,
22 and placement of the child. The amount of foster care or
23 special service payment to the child shall serve as an
24 automatic determination of the amount of adoption assistance.
25 The Department shall not consider the income or economic
26 resources of the adoptive parents in its determination of the
27 amount of assistance. Acceptance or refusal of assistance by
28 the adoptive parents shall not be a factor in selecting an
29 adoptive family that otherwise meets the best interest of the
30 child, including the development of significant emotional
31 ties with the prospective adoptive parents while in their
32 care. A child shall not be removed from a prospective
33 adoptive family solely on the basis of acceptance or refusal
34 of assistance by the adoptive parents. The amount of
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1 assistance may vary, depending upon the needs of the child
2 and the adoptive parents, but must be at least $25 less than
3 the monthly cost of care of the child in a foster home, as
4 set forth in the annual assistance agreement. Special
5 purpose grants are allowed where the child requires special
6 service but such costs may not exceed the amounts which
7 similar services would cost the Department if it were to
8 provide or secure them as guardian of the child.
9 Any financial assistance provided under this subsection
10 is inalienable by assignment, sale, execution, attachment,
11 garnishment, or any other remedy for recovery or collection
12 of a judgment or debt.
13 Adoption subsidies for physically or mentally handicapped
14 children shall be determined solely on the basis of the
15 child's medical condition or disability, whether the
16 condition or disability is physical, mental, or emotional.
17 If the condition is discovered during the child's minority,
18 the subsidy shall be paid to the adoptive parent retroactive
19 to the date of the interim order of adoption or the onset of
20 the condition or disability whichever is later. The
21 Department shall have the authority to promulgate rules for
22 the implementation of this Section, under the Illinois
23 Administrative Procedure Act.
24 (k) The Department shall accept for care and training
25 any child who has been adjudicated neglected or abused, or
26 dependent committed to it pursuant to the Juvenile Court Act
27 or the Juvenile Court Act of 1987.
28 (l) Before July 1, 2000, the Department may provide, and
29 beginning July 1, 2000, the Department shall provide, family
30 preservation services, as determined to be appropriate and in
31 the child's best interests and when the child will not be in
32 imminent risk of harm, to any family whose child has been
33 placed in substitute care, any persons who have adopted a
34 child and require post-adoption services, or any persons
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1 whose child or children are at risk of being placed outside
2 their home as documented by an "indicated" report of
3 suspected child abuse or neglect determined pursuant to the
4 Abused and Neglected Child Reporting Act. Nothing in this
5 paragraph shall be construed to create a private right of
6 action or claim on the part of any individual or child
7 welfare agency.
8 The Department shall notify the child and his family of
9 the Department's responsibility to offer and provide family
10 preservation services as identified in the service plan. The
11 child and his family shall be eligible for services as soon
12 as the report is determined to be "indicated". The
13 Department may offer services to any child or family with
14 respect to whom a report of suspected child abuse or neglect
15 has been filed, prior to concluding its investigation under
16 Section 7.12 of the Abused and Neglected Child Reporting Act.
17 However, the child's or family's willingness to accept
18 services shall not be considered in the investigation. The
19 Department may also provide services to any child or family
20 who is the subject of any report of suspected child abuse or
21 neglect or may refer such child or family to services
22 available from other agencies in the community, even if the
23 report is determined to be unfounded, if the conditions in
24 the child's or family's home are reasonably likely to subject
25 the child or family to future reports of suspected child
26 abuse or neglect. Acceptance of such services shall be
27 voluntary.
28 The Department may, at its discretion except for those
29 children also adjudicated neglected or dependent, accept for
30 care and training any child who has been adjudicated
31 addicted, as a truant minor in need of supervision or as a
32 minor requiring authoritative intervention, under the
33 Juvenile Court Act or the Juvenile Court Act of 1987, but no
34 such child shall be committed to the Department by any court
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1 without the approval of the Department. A minor charged with
2 a criminal offense under the Criminal Code of 1961 or
3 adjudicated delinquent shall not be placed in the custody of
4 or committed to the Department by any court, except a minor
5 less than 13 years of age committed to the Department under
6 Section 5-23 of the Juvenile Court Act of 1987.
7 (m) The Department may assume temporary custody of any
8 child if:
9 (1) it has received a written consent to such
10 temporary custody signed by the parents of the child or
11 by the parent having custody of the child if the parents
12 are not living together or by the guardian or custodian
13 of the child if the child is not in the custody of either
14 parent, or
15 (2) the child is found in the State and neither a
16 parent, guardian nor custodian of the child can be
17 located.
18 If the child is found in his or her residence without a
19 parent, guardian, custodian or responsible caretaker, the
20 Department may, instead of removing the child and assuming
21 temporary custody, place an authorized representative of the
22 Department in that residence until such time as a parent,
23 guardian or custodian enters the home and expresses a
24 willingness and apparent ability to resume permanent charge
25 of the child, or until a relative enters the home and is
26 willing and able to assume charge of the child until a
27 parent, guardian or custodian enters the home and expresses
28 such willingness and ability to resume permanent charge.
29 After a caretaker has remained in the home for a period not
30 to exceed 12 hours, the Department must follow those
31 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
32 Juvenile Court Act of 1987.
33 The Department shall have the authority, responsibilities
34 and duties that a legal custodian of the child would have
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1 pursuant to subsection (9) of Section 1-3 of the Juvenile
2 Court Act of 1987. Whenever a child is taken into temporary
3 custody pursuant to an investigation under the Abused and
4 Neglected Child Reporting Act, or pursuant to a referral and
5 acceptance under the Juvenile Court Act of 1987 of a minor in
6 limited custody, the Department, during the period of
7 temporary custody and before the child is brought before a
8 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
9 of the Juvenile Court Act of 1987, shall have the authority,
10 responsibilities and duties that a legal custodian of the
11 child would have under subsection (9) of Section 1-3 of the
12 Juvenile Court Act of 1987.
13 The Department shall ensure that any child taken into
14 custody is scheduled for an appointment for a medical
15 examination.
16 A parent, guardian or custodian of a child in the
17 temporary custody of the Department who would have custody of
18 the child if he were not in the temporary custody of the
19 Department may deliver to the Department a signed request
20 that the Department surrender the temporary custody of the
21 child. The Department may retain temporary custody of the
22 child for 10 days after the receipt of the request, during
23 which period the Department may cause to be filed a petition
24 pursuant to the Juvenile Court Act of 1987. If a petition is
25 so filed, the Department shall retain temporary custody of
26 the child until the court orders otherwise. If a petition is
27 not filed within the 10 day period, the child shall be
28 surrendered to the custody of the requesting parent, guardian
29 or custodian not later than the expiration of the 10 day
30 period, at which time the authority and duties of the
31 Department with respect to the temporary custody of the child
32 shall terminate.
33 (n) The Department may place children under 18 years of
34 age in licensed child care facilities when in the opinion of
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1 the Department, appropriate services aimed at family
2 preservation have been unsuccessful or unavailable and such
3 placement would be for their best interest. Payment for
4 board, clothing, care, training and supervision of any child
5 placed in a licensed child care facility may be made by the
6 Department, by the parents or guardians of the estates of
7 those children, or by both the Department and the parents or
8 guardians, except that no payments shall be made by the
9 Department for any child placed in a licensed child care
10 facility for board, clothing, care, training and supervision
11 of such a child that exceed the average per capita cost of
12 maintaining and of caring for a child in institutions for
13 dependent or neglected children operated by the Department.
14 However, such restriction on payments does not apply in cases
15 where children require specialized care and treatment for
16 problems of severe emotional disturbance, physical
17 disability, social adjustment, or any combination thereof and
18 suitable facilities for the placement of such children are
19 not available at payment rates within the limitations set
20 forth in this Section. All reimbursements for services
21 delivered shall be absolutely inalienable by assignment,
22 sale, attachment, garnishment or otherwise.
23 (o) The Department shall establish an administrative
24 review and appeal process for children and families who
25 request or receive child welfare services from the
26 Department. Children who are wards of the Department and are
27 placed by private child welfare agencies, and foster families
28 with whom those children are placed, shall be afforded the
29 same procedural and appeal rights as children and families in
30 the case of placement by the Department, including the right
31 to an initial review of a private agency decision by that
32 agency. The Department shall insure that any private child
33 welfare agency, which accepts wards of the Department for
34 placement, affords those rights to children and foster
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1 families. The Department shall accept for administrative
2 review and an appeal hearing a complaint made by a child or
3 foster family concerning a decision following an initial
4 review by a private child welfare agency. An appeal of a
5 decision concerning a change in the placement of a child
6 shall be conducted in an expedited manner.
7 (p) There is hereby created the Department of Children
8 and Family Services Emergency Assistance Fund from which the
9 Department may provide special financial assistance to
10 families which are in economic crisis when such assistance is
11 not available through other public or private sources and the
12 assistance is deemed necessary to prevent dissolution of the
13 family unit or to reunite families which have been separated
14 due to child abuse and neglect. The Department shall
15 establish administrative rules specifying the criteria for
16 determining eligibility for and the amount and nature of
17 assistance to be provided. The Department may also enter
18 into written agreements with private and public social
19 service agencies to provide emergency financial services to
20 families referred by the Department. Special financial
21 assistance payments shall be available to a family no more
22 than once during each fiscal year and the total payments to a
23 family may not exceed $500 during a fiscal year.
24 (q) The Department may receive and use, in their
25 entirety, for the benefit of children any gift, donation or
26 bequest of money or other property which is received on
27 behalf of such children, or any financial benefits to which
28 such children are or may become entitled while under the
29 jurisdiction or care of the Department.
30 The Department shall set up and administer no-cost,
31 interest-bearing savings accounts in appropriate financial
32 institutions ("individual accounts") for children for whom
33 the Department is legally responsible and who have been
34 determined eligible for Veterans' Benefits, Social Security
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1 benefits, assistance allotments from the armed forces, court
2 ordered payments, parental voluntary payments, Supplemental
3 Security Income, Railroad Retirement payments, Black Lung
4 benefits, or other miscellaneous payments. Interest earned
5 by each individual account shall be credited to the account,
6 unless disbursed in accordance with this subsection.
7 In disbursing funds from children's individual accounts,
8 the Department shall:
9 (1) Establish standards in accordance with State
10 and federal laws for disbursing money from children's
11 individual accounts. In all circumstances, the
12 Department's "Guardianship Administrator" or his or her
13 designee must approve disbursements from children's
14 individual accounts. The Department shall be responsible
15 for keeping complete records of all disbursements for
16 each individual account for any purpose.
17 (2) Calculate on a monthly basis the amounts paid
18 from State funds for the child's board and care, medical
19 care not covered under Medicaid, and social services; and
20 utilize funds from the child's individual account, as
21 covered by regulation, to reimburse those costs.
22 Monthly, disbursements from all children's individual
23 accounts, up to 1/12 of $13,000,000, shall be deposited
24 by the Department into the General Revenue Fund and the
25 balance over 1/12 of $13,000,000 into the DCFS Children's
26 Services Fund.
27 (3) Maintain any balance remaining after
28 reimbursing for the child's costs of care, as specified
29 in item (2). The balance shall accumulate in accordance
30 with relevant State and federal laws and shall be
31 disbursed to the child or his or her guardian, or to the
32 issuing agency.
33 (r) The Department shall promulgate regulations
34 encouraging all adoption agencies to voluntarily forward to
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1 the Department or its agent names and addresses of all
2 persons who have applied for and have been approved for
3 adoption of a hard-to-place or handicapped child and the
4 names of such children who have not been placed for adoption.
5 A list of such names and addresses shall be maintained by the
6 Department or its agent, and coded lists which maintain the
7 confidentiality of the person seeking to adopt the child and
8 of the child shall be made available, without charge, to
9 every adoption agency in the State to assist the agencies in
10 placing such children for adoption. The Department may
11 delegate to an agent its duty to maintain and make available
12 such lists. The Department shall ensure that such agent
13 maintains the confidentiality of the person seeking to adopt
14 the child and of the child.
15 (s) The Department of Children and Family Services may
16 establish and implement a program to reimburse Department and
17 private child welfare agency foster parents licensed by the
18 Department of Children and Family Services for damages
19 sustained by the foster parents as a result of the malicious
20 or negligent acts of foster children, as well as providing
21 third party coverage for such foster parents with regard to
22 actions of foster children to other individuals. Such
23 coverage will be secondary to the foster parent liability
24 insurance policy, if applicable. The program shall be funded
25 through appropriations from the General Revenue Fund,
26 specifically designated for such purposes.
27 (t) The Department shall perform home studies and
28 investigations and shall exercise supervision over visitation
29 as ordered by a court pursuant to the Illinois Marriage and
30 Dissolution of Marriage Act or the Adoption Act only if:
31 (1) an order entered by an Illinois court
32 specifically directs the Department to perform such
33 services; and
34 (2) the court has ordered one or both of the
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1 parties to the proceeding to reimburse the Department for
2 its reasonable costs for providing such services in
3 accordance with Department rules, or has determined that
4 neither party is financially able to pay.
5 The Department shall provide written notification to the
6 court of the specific arrangements for supervised visitation
7 and projected monthly costs within 60 days of the court
8 order. The Department shall send to the court information
9 related to the costs incurred except in cases where the court
10 has determined the parties are financially unable to pay. The
11 court may order additional periodic reports as appropriate.
12 (u) Whenever the Department places a child in a licensed
13 foster home, group home, child care institution, or in a
14 relative home, the Department shall provide to the caretaker:
15 (1) available detailed information concerning the
16 child's educational and health history, copies of
17 immunization records (including insurance and medical
18 card information), a history of the child's previous
19 placements, if any, and reasons for placement changes
20 excluding any information that identifies or reveals the
21 location of any previous caretaker;
22 (2) a copy of the child's portion of the client
23 service plan, including any visitation arrangement, and
24 all amendments or revisions to it as related to the
25 child; and
26 (3) information containing details of the child's
27 individualized educational plan when the child is
28 receiving special education services.
29 The caretaker shall be informed of any known social or
30 behavioral information (including, but not limited to, fire
31 setting, perpetuation of sexual abuse, destructive behavior,
32 and substance abuse) necessary to care for and safeguard the
33 child.
34 (u-5) Effective July 1, 1995, only foster care
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1 placements licensed as foster family homes pursuant to the
2 Child Care Act of 1969 shall be eligible to receive foster
3 care payments from the Department. Relative caregivers who,
4 as of July 1, 1995, were approved pursuant to approved
5 relative placement rules previously promulgated by the
6 Department at 89 Ill. Adm. Code 335 and had submitted an
7 application for licensure as a foster family home may
8 continue to receive foster care payments only until the
9 Department determines that they may be licensed as a foster
10 family home or that their application for licensure is denied
11 or until September 30, 1995, whichever occurs first.
12 (v) The Department shall access criminal history record
13 information as defined in the Illinois Uniform Conviction
14 Information Act and information maintained in the
15 adjudicatory and dispositional record system as defined in
16 subdivision (A)19 of Section 55a of the Civil Administrative
17 Code of Illinois if the Department determines the information
18 is necessary to perform its duties under the Abused and
19 Neglected Child Reporting Act, the Child Care Act of 1969,
20 and the Children and Family Services Act. The Department
21 shall provide for interactive computerized communication and
22 processing equipment that permits direct on-line
23 communication with the Department of State Police's central
24 criminal history data repository. The Department shall
25 comply with all certification requirements and provide
26 certified operators who have been trained by personnel from
27 the Department of State Police. In addition, one Office of
28 the Inspector General investigator shall have training in the
29 use of the criminal history information access system and
30 have access to the terminal. The Department of Children and
31 Family Services and its employees shall abide by rules and
32 regulations established by the Department of State Police
33 relating to the access and dissemination of this information.
34 (w) Within 120 days of August 20, 1995 (the effective
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1 date ofPublic Act 89-392) this amendatory Act of 1995, the
2 Department shall prepare and submit to the Governor and the
3 General Assembly, a written plan for the development of
4 in-state licensed secure child care facilities that care for
5 children who are in need of secure living arrangements for
6 their health, safety, and well-being. For purposes of this
7 subsection, secure care facility shall mean a facility that
8 is designed and operated to ensure that all entrances and
9 exits from the facility, a building or a distinct part of the
10 building, are under the exclusive control of the staff of the
11 facility, whether or not the child has the freedom of
12 movement within the perimeter of the facility, building, or
13 distinct part of the building. The plan shall include
14 descriptions of the types of facilities that are needed in
15 Illinois; the cost of developing these secure care
16 facilities; the estimated number of placements; the potential
17 cost savings resulting from the movement of children
18 currently out-of-state who are projected to be returned to
19 Illinois; the necessary geographic distribution of these
20 facilities in Illinois; and a proposed timetable for
21 development of such facilities.
22 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
23 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
24 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
32 Section 99. Effective date. This Act takes effect upon
-38- LRB9000901MWpc
1 becoming law.